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New No Reason Provided Eviction Rules for Landlords in Wales

by guildy | 12 Feb 2020 | Landlord Wants Tenant to Leave (Wales), New Legislation, News | 7 comments

New No Fault Eviction Rules for Landlords in Wales

Landlords in Wales face a wait of a year from the start of a new tenancy to take back a rented home under new no reason provided eviction rules.

A draft law has been laid before the Senedd by the Welsh Government outlining the terms of the measure.

Under The Renting Homes (Amendment) (Wales) Bill, housing minister Julie James says she wants to stop landlords issuing a section 21 notice (or equivalent when other new rules are introduced) during the first six months of a new tenancy.

If the landlord wants to regain the property when the tenant has not broken the terms of the agreement, the notice period will rise from two months to six months and cannot be served until the tenancy has run for at least six months.

If the renter has breached the terms of the tenancy agreement, other forms of shorter notice are, and will be, available.

The rules will apply to all tenancies, not just new agreements.

 “The new Bill will add further significant protections for those who rent their home in Wales to those already included in our landmark Renting Homes legislation. These include, ensuring that a possession notice where there is no breach of contract cannot be served for the first six months of occupation, and where possession is sought, giving the contract holder six months’ notice,” said the minister.

“This will provide valuable time for individuals and families faced with possession under section 173, and the organisations and agencies that support them, to find a new home that is right for them and make all necessary arrangements for a smooth transition to their new home.

“I believe the Renting Homes (Wales) Act, as amended, will provide a sound basis for renting in Wales: balancing the needs and rights of both tenants and landlords and helping ensure our private rented sector is a well-managed option for households.”

The minister expects the Bill to become law in spring 2021.

7 Comments

  1. 489
    489 on 12/02/2020 at 9:29 am

    Back to the 1950s. This is a tenants’ total security clause. Rent controls will be next on the agenda.

  2. dkhiggs
    dkhiggs on 12/02/2020 at 9:40 am

    Isn’t it amazing how people such as the Minister and her advisers fail to comprehend that, generally Landlords do not seek to evict good tenants.
    When, as many of us may have experienced over the years, one has a tenant who is effectively “trashing” a property or is a nuisance neighbour or is well behind with their rent payments one has no option, unfortunately, but to resort to moving them on. Measures should be in place to provide a Landlord with the means to move such tenants on in as short a time as possible. The process as it stands at present is already a drawn out process as a result of the inadequacies within the Courts system, to say nothing of the lack of understanding of the relative laws by Judges in certain cases.
    Looking at another aspect of this, there doesn’t appear to be any comprehension that the Landlord/owner of the property may at some time, have major financial problems. The protracted delay as proposed in evicting a tenant will only compound on their problems. Or is the Landlords perspective of no relevance in this.
    Sadly, Ministers and their advisers who make the rules from “on high” do so with minimal understanding or comprehension of the effects of the legislation they put in place. I can recall only once in my many years as a Landlord when a Minister and/or adviser has “attended” such an event and that was only to give a speech, and straight out again. It would be nice if such individuals or their advisers attended Landlord forum on a 2-yearly basis in order to talk with – not to – Landlords.

  3. 1594
    1594 on 12/02/2020 at 9:55 am

    Sounds reasonable except if the tenant is relying on the local authority to re house them, how will a six month notice help them find the right accommodation.

  4. Techead53
    Techead53 on 12/02/2020 at 10:14 am

    What if the tenant who is served the new 21 notice wishes to leave within the 6 months notice. Is the LL still entitled to the full 6 months rent? This still will not deal with the section 8 notices due to lack of court time and court personel to handle the claims.

  5. dasuzu
    dasuzu on 12/02/2020 at 10:28 am

    I’m wondering how this will work for the large market of people who require short term lets. I deal with many students who just want a 10 month tenancy – typically 1st Sep to 30th June. It seems that it will make it much harder to agree a tenancy with future replacement tenants – even when you know the existing tenant is supposed to be leaving. Even if a tenant gives me notice to leave prior to the end of the 1 year period could they stay on if they change their mind – even after the landlord has entered a contract with a replacement tenant?

  6. thehesp
    thehesp on 12/02/2020 at 10:56 am

    Yet another nail in the Landlords coffin
    What happens if a Landlords circumstances change and he/she needs to sell the property it’s potentially 12 months before they get the property back assuming the tenant obliges and leaves when they should.
    You then have to decorate etc and possibly lose another month, and assume in that time the housing market takes a down turn and the value drops and house sales decline ?!
    What have Landlords done to deserve this treatment and more to the point how can we block this ??
    This minister has made some dreadful decisions recently and this one can be added to that list
    Where was the point of her consultation document ? what Landlord in his/her right mind would readily agree to such draconian laws ? It strikes me that as usual the results of the consultation document has been completely ignored by Julie Jones and she carried on regardless as she always does

  7. 1900
    1900 on 16/02/2020 at 2:45 pm

    The number of ‘so called’ rogue landlords compared to rogue tenants, (and even rogue local authorities) is minimal. The ratio must be in the order of 1 to 10, or maybe 1 to 100, yet the rules/laws to control the virtually invisible rogue LLs continue to tumble out of Westminster. How many tenants get dragged through the courts for late payment, damage, or ignoring a section 21 notice? These are not just rogue actions by the tenant, they are also illegal actions. Note: Rogue means dishonest or unprincipled, not illegal.
    Why are LLs getting picked on? I feel is is because the politicians and the media are both happy to bang their drums to the same tune, 1 to sell newspapers, and the other to buy votes. And they are both rogues, in the true meaning word.
    What to do: No point winging to ourselves… need to sing a new tune, make some noise,
    I am feed up being persecuted for working hard all me life, saving me money and investing in some property. Could have moped around on benefits, or worked in a factory all my life getting pissed every evening, or spent all my cash on fast cars and holidays.. but didn’t. I also pay tax, a lot of tax… Won’t be doing that when my business goes down….

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