RENTING HOMES (WALES) ACT 2016 – The death of S21 and S8 Notices

Possession of Converted Contracts

Landlords you will be aware that when a contract has ended and a tenant remains in occupation the contract becomes a periodic contract. This blog deals with those periodic contracts prior to and post 1 December 2022.

From 1 December 2022 Notices cannot be given to the tenant if the Landlord has failed to comply with the following:

1. Failing to provide a EPC.
2. Failure to secure deposit in an approved government scheme or failed to provide the prescribed information to the tenant.
3. Failed to register and licence with Rent Smart Wales.
4. Not obtained a HMO licence.
5. Failure to provide a Gas Safety Certificate to contract holder.

Standard Periodic Contracts:

Under the new Act Landlords are not permitted to provide notice to the tenant within the first 4 months of occupation of the property (this applies regardless even if  it is a converted assured shorthold tenancy).

Landlord’s cannot serve a Notice in an attempt to avoid the obligations set out under s81 or 92 of the Act (fitness for human habitation or keeping the property in repair). To do so risks a tenant raising a defence of a retaliatory eviction. If the Court accepts this defence your possession claim will fail and you will be prohibited from serving a Notice for a further 6 months.

Section 21 Notice issued before 1 December 2022

The notice will remain enforceable after the 1 December 2022. However the possession claim to the Court  must be made by the 31 January 2023 or within 2 months of the notice expiring (whichever of those dates is the latest).

If the Landlord fails to issue possession proceedings within that time-scale the notice is no longer valid. The Landlord would then have to initiate possession proceedings but in line with the new requirements applicable to converted standard contracts (see below).

SECTION 21 NOTICE NOT ISSUED BEFORE 1 DECEMBER 2022 – USE FORM RHW17

If a S21 notice has not been issued before the 1 December 2022 the Landlord must use the new Notice RHW17, giving 2 months notice before proceedings are issued. Please note that this section may change – there is a public consultation process proposing changing the 2 months notice period to 6 months from the 1 June 2023.

After 1 June 2023 a Landlord any Notice will be invalid if you have failed to provide the contract holder with:

1. A written statement of contract
2. Failed to given a written statement of contract by 31 May 2023 and then issued one but have not waited 6 months before so doing
3. Failed to provide the contract holder with the required information in relation to your address (Form RHW3 – change of address).
4. Failed to ensure working smoke alarms
5. Failed to obtain an Electrical Condition Report.
6. Failing to provide a EPC.
7. Failure to secure deposit in an approved government scheme or failed to provide the prescribed information to the tenant.
8. Failed to register and licence with Rent Smart Wales.
9. Not obtained a HMO licence.
10. Failure to provide a Gas Safety Certificate to contract holder.

MLS

Here at MLS we are regularly instructed by Landlords to advise on compliance and possession claims. If you have any questions please contact us on 01244 478730 and we will be happy to help.

Useful links

https://gov.wales/model-written-statement-periodic-standard-contracts

https://gov.wales/change-landlords-identity-and-notice-new-landlords-address-form-rhw3

https://gov.wales/sites/default/files/publications/2022-09/form-RHW17.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.