RENTING HOMES (WALES) ACT 2016 The death of s21 and s8 notices (contd). Possession of Converted Contracts

Standard Fixed Term Contracts

S21 Notice - Issued Before 1 December 2022

If a S21 notice is issued before the 1 December 2022, the Notice will remain
enforceable after this date but only if the possession claim is made to the Court by
31 January 2023 or within 2 months of the Notice expiring (whichever is the latest).
Failure to initiate possession proceedings by the applicable date will render the
Notice defective and cannot, therefore, be relied upon.

S21 Notice - Issued Before 1 December 2022

If a S21 notice is NOT issued before the 1 December 2022 – Form RHW38 must
be completed and served. A Landlord CANNOT give Notice within the first 6
months of the contract . The six-month notice period applies only to
occupation contracts which begin on or after 1 December 2022.When the
notice is served it must be given before or on the last day of the fixed contractual
end date and provide at least 2 months Notice before possession proceedings can
be initiated.

Those obligations relating to statutory requirements in relation to converted
periodic tenancies apply to standard fixed terms contracts. Therefore, any Notice
will be invalid if a Landlord fails to provide the contract holder with:

1. A written statement of contract
2. Failed to provide the contract holder with the required information in relation
to their address (Form RHW3 – change of address).
3. Failed to ensure working smoke alarms
4. Failed to obtain an Electrical Condition Report.
5. Failing to provide a EPC.
6. Failure to secure deposit in an approved government scheme or failed to
provide the prescribed information to the tenant.
7. Failed to register and licence with Rent Smart Wales.
8. Not obtained a HMO licence.
9. Failure to provide a Gas Safety Certificate to contract holder.

Useful links

https://gov.wales/standard-occupation-contracts-guidance-html

https://gov.wales/sites/default/files/publications/2022-09/form-RHW38.pdf

This article is for information purposes only and does not constitute
legal advice. If you require assistance please do not hesitate to contact
us.

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