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 – Not 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:
- A written statement of contract
- Failed to provide the contract holder with the required information in relation to their address (Form RHW3 – change of address).
- Failed to ensure working smoke alarms
- Failed to obtain an Electrical Condition Report.
- Failing to provide a EPC.
- Failure to secure deposit in an approved government scheme or failed to provide the prescribed information to the tenant.
- Failed to register and licence with Rent Smart Wales.
- Not obtained a HMO licence.
- 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/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.
