In Wales the Renting Homes (Wales) Act 2016 has changed how occupation contracts work (formerly known as tenancy agreements).
The changes made by the new rules includes how you can evict contact holders (formerly known as tenants) and the types of notices which you can use to evict a contract holder from a property.
Can I still serve a Section 8 and/or Section 21 notice?
No, Section 8 and Section 21 notices are no longer valid in Wales. Instead, the notice you can provide to a contract holder will depend on the reason for the eviction. You cannot serve notice within 6 months of the start date of the contract.
For example, if the reason is for anti-social behaviour, then the notice you use will not be the same if the reason for the eviction was rent arrears.
Do I still need to be registered and/or licenced with Rent Smart Wales?
Yes, the Rent Smart Wales requirements are unchanged and you will still need to be registered and/or licensed in order to rent a property in Wales.
What do I need to give my contact holder before I can serve notice?
You must still make sure any deposit paid is protected within a deposit protection scheme, and your contact holder has been given information in relation to this.
You must also provide a valid gas safety and energy performance certificate, and ensure the property has an energy rating of E or above.
There are also new requirements that have been introduced. You must provide your contract holder with a written statement confirming the terms of the contract and details of how your contract holder can send documents to you.
A valid Electrical Condition Report must be provided to the contract holder within 14 days of them moving in.
You must also ensure there are working carbon monoxide alarms and working smoke alarms in the property, and any hallways or stairwells.
What notice period can I give?
The notice period will depend on the reason for the eviction, but if you are evicting your contract holder on no fault grounds, then it is six months from the date of the notice.
If you are unsure what the notice period is depending on the reason of the eviction you may wish to seek further guidance via Rent Smart Wales or contact us for advice.
If you're a landlord and need assistance navigating these changes or any other tenancy matters, please don't hesitate to reach out to us at DPA Law. Our contact details are as follows:
Ammanford: 01269 500591
Cardiff: 02920 091092
Llanelli: 01554 749144
We're here to help and ensure that both you and your tenants have a smooth and positive experience.