Evicting a Tenant in Wales

Anyone letting property in Wales should understand the country’s rules around eviction – just in case the worst happens and you need to ask your tenants to leave. If you’re wondering how to evict a tenant in Wales, it’s important to know the differences in law between the Welsh and English systems, with different notices to serve depending on the reasons for eviction.

What is the law when it comes to eviction law in Wales?

The laws around evicting tenants in Wales are governed by the Renting Homes (Wales) Act 2016, which came into force on 1 December 2022. As a result of the act, tenancies in Wales are known as standard occupation contracts and tenants are referred to as contract holders. Standard occupation contracts grant the contract holder the right to occupy the rental property for either a fixed term or as a periodic tenancy, rolling from week to week or month to month.

Full details of how to evict a tenant in Wales are given on the Welsh government’s website, but here is a summary of essential things you need to know.

1. What to do before giving an eviction notice

The Welsh government encourages landlords to make eviction a last resort, exploring other means of solving disputes with their contract holders, such as mediation. This may resolve the issue without the expense involved in going to court.

If negotiation and mediation aren’t working, and you want your tenant to leave, you will need to serve a notice of eviction under the act, specifying the date by which the contract holder should vacate the premises.

Be aware that landlords can only take eviction proceedings if they have followed the correct procedures and fulfilled their obligations to contract holders. These include supplying an up-to-date energy performance certificate (EPC), electrical installation condition report (EICR) and gas safety certificate – as well as using a tenancy deposit scheme to protect the contract holder’s deposit. You must also register as a landlord with Rent Smart Wales and obtain any necessary licences.

2. Choose the correct notice

The different sections of the act you can currently use to serve notice of eviction in Wales are listed below. Read more on notice periods in our blog ending a tenancy in Wales.

• Section 173 – This is equivalent to a section 21 notice in England, and means that you can end a tenancy without giving a reason. However, you must provide the tenant six months’ notice to leave.
• Section 159 – This notice is used for a breach of contract – such as for antisocial behaviour, making a false statement or other conduct prohibited by the contract. In the case of antisocial behaviour, landlords can begin proceedings immediately, and there is no notice period. Other cases under section 159 involve a month’s notice.
• Sections 182 and 188 are used if your contract holder is in rent arrears. Section 182 is for periodic tenancies, and section 188 is for fixed-term contracts. In both cases, the notice period is 14 days.

3. Serve notice to tenants

To serve notice, you must complete the relevant form and give it to your tenant, ensuring you have done so correctly – you may need legal advice. The notice will only be valid if you provide the right amount of notice and have complied with your obligations as a landlord, some of which are listed above. Keep a copy of the notice, because you must supply it to the court.

4. Make a possession claim

If your contract holder does not leave by the date specified in the notice, you can apply to the court for a possession order.

For standard possession claims, you can apply online, which means you can monitor the progress of your claim. You can also apply on paper using forms N5 and N119. In both cases, it costs £355 to issue the claim.

You can apply for an accelerated possession order if your contract holder has not left by the date specified in your Section 173 notice and if you are not claiming rent arrears. It costs £355. You must complete form N5B Wales and send it to the county court dealing with your area’s housing cases.

5. Attend the court hearing

At the court hearing, the judge may:

• adjourn the hearing to a later date
• dismiss your claim for reasons they will make clear
• make a possession order.

If a possession order is made, it will be ‘outright’ or ‘suspended’. If outright, your contract holder must vacate the property by a set time – usually 14 or 28 days but sometimes up to six weeks.

If suspended, your contract holder will be given conditions they must abide by to stay on the property, such as making payments to meet arrears. You may also receive a possession order with a monetary judgment, meaning that the contract holder must vacate the property and pay rent arrears and court costs.

6. Apply for a warrant of possession

Suppose your contract holder does not leave your property by the date given by the county court, or does not meet the conditions in a suspended possession order. In that case, you must get a warrant for possession from the court – the cost is £130. Alternatively, you can apply to the High Court enforcement officer to evict your contract holder. This will cost more but may be quicker. To use this method, you must apply for permission from the county court for £71 plus a further £71 for additional fees.

7. Evicting the tenant

Once a warrant for possession has been issued, your contract holder will receive an eviction notice with a date and time the county court bailiff will repossess the property. If the contract holder does not leave, the bailiff will carry out an eviction.

The eviction rules in Wales may sound complex, especially for landlords new to the process. If you are uncertain about how to evict a tenant in Wales – in areas like Porthaethwy, Llanberis, Rhosneigr, or have questions, contact us. We’d be happy to talk you through the process and give you details about our property management services.