This guidance is specific for tenancies in Wales. If you're looking for information relating to tenancies in England, please go here.
The introduction of the Renting Homes (Wales) Act 2016 changed the rules with regards to when and how much notice you must give a contract-holder to end the tenancy.
No fault notice
Previously known as a Section 21 notice, the notice period for a no fault notice has changed for occupation contracts that began after 1st December 2022 from 2 months to 6 months and can only be used for periodic occupation contracts The notice can also not be given sooner than 6 months after the move-in date.
A no fault notice cannot be used during the fixed term of the contract unless used in conjunction with a break clause. The break clause must provide contract-holders with 6 months’ notice and may not be activated until 18 months into the fixed term. You should be aware that landlords are only able to include a break clause in contracts with a fixed term greater than 2 years.
Note that for converted occupation contracts (tenancies that began before 1st December 2022 and continued through), the notice period for a no fault eviction will remain as 2 months up until the end of the fixed term. Once the tenancy becomes periodic, the landlord will have to give 6 months' notice.
If the tenancy was periodic before the 1st December 2022 and continued through, then it retains the 2 month notice period until 31 May 2023. After this date, the notice period will be 6 months.
Finally, A landlord will not be able to give such a notice unless they have complied with certain obligations, including registration and licensing with Rent Smart Wales and deposit protection rules.
What if there has been a breach of the agreement?
If there has been a breach of the tenancy agreement, then the notice period necessary will depend on the type of breach that has occurred.
Rent Arrears
The landlord is able to serve a notice for breach of contract on the basis of rent arrears giving 1 month's notice. If there are serious rent arrears (more than 2 months), then the landlord can serve notice to end the contract giving 14 days' notice.
Anti-social behaviour
If the contract-holder breaches the terms of the contract related to anti-social behaviour, then the landlord is able to serve a possession notice and commence court proceedings on the same day. Anti-social behaviour, and other prohibited conduct, can include: excessive noise, verbal abuse and physical assault.
Landlords should be aware that if your contract-holder does not agree with the reasons provided for serving this type of notice, that they are able to challenge it in the courts. Therefore, it is very important that you are certain that there has been a breach of contract before issuing a notice on one of these grounds, and we would always recommend seeking independent legal advice before doing so.
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.