Giving Notice To End A Tenancy In Wales 

Whether you’re a new landlord in Anglesey or Gwynedd, or you’ve been in the local private rented sector for years, the Renting Homes (Wales) Act (2016) applies to you.  

The act defines how landlords can repossess property and give notice to tenants, so whether you’re a landlord in Amlwch, Porthaethwy, Llanberis, Biwmares or beyond  – you need to pay careful attention to the rules. 

What Does The New Renting Homes (Wales) Law Mean For Landlords With Properties In Wales? 

The rules came into effect back in December 2022, with updated conditions for repossessing your property and new terms to provide clarity. It didn’t change licensing or registration requirements for Rent Smart Wales, but some landlords may need a training course. 

A tenancy is referred to as an occupation contract. Standard occupation contracts replaced assured shorthold tenancies (introduced by the Housing Act 1988). Landlords were required to issue a written statement to existing tenants within six months from 1 December 2022 – or to issue an occupation contract within 14 days if the tenancy started on or after that date. 

Our guide to rental regulations in Wales can help you further – find it here. 

Can A Landlord Regain Possession Without Having to Cite A Fault On The Part Of The Tenant (Previously A Section 21 Notice)? 

Yes, a landlord can still regain possession with a no-fault notice under the Renting Homes (Wales) Act (2016). It’s now known as a section 173 notice or Landlord’s Notice for rental properties in Wales; there are several ways in which it differs from the more commonly known section 21 notice. 

How Much Notice Should a Landlord Give (A Section 173 Notice In The Act) To End The Contract? 

Landlords in Wales must give six months’ notice to end the contract with a section 173 notice. In most cases, you can only serve it after the first six months of periodic tenancies. 

For tenancy contracts signed before 1 December 2022, the two-month notice period for no-fault evictions applies until the end of May 2023. As of 1 June 2023, they will adopt the six-month notice period. 

What Is The Process Of Giving Notice To End A Tenancy? 

The process and notice period depends on the type of contract and the reason for ending the tenancy. If your property has been abandoned, you can repossess it without needing a court order. 

• Periodic standard occupation contract notice: If it’s a periodic standard occupation contract (e.g., rolling month-to-month), the landlord can serve the notice after the initial 6 months have elapsed. 
• Fixed term contracts: For fixed-term contracts that turn into periodic contracts, the notice can only be served once the fixed term ends (and after the initial 6-month period). 

Notice To End A Tenancy In Wales Process 

1. Identify the tenancy type – i.e. whether it’s a standard occupation contract under the Renting Homes (Wales) Act 2016, and subject to section 173 notices. 

2. Give the eviction notice after the minimum term – Usually after the first 6 months of the tenancy have elapsed, or after the fixed term has ended. The notice period starts from the day the contract-holder (i.e. the tenant) receives the notice. 

3. Comply with the rules – for example, you can only serve a valid notice if you’ve protected your tenant’s deposit, provided a valid EPC, and delivered the original tenancy agreement to the tenant within two weeks of their tenancy starting. 

4. Issue the notice in writing – Use the prescribed Section 173 Notice form to give your tenant notice, which includes the date it was served and when the occupation contract will end. Make sure it reaches them, whether by email, post, or by hand. 

5. Ensure the tenant vacates the property once the notice period is up – if they don’t then you may have to apply for a possession order from the courts. 

Can A Fixed Term Contract Be Ended By Issuing A Landlord’s Notice During The Fixed Term Period? 

Landlords in Wales can’t typically give notice until a fixed-term tenancy ends. But you can use a break clause if the fixed term is two or more years. In this case, you must give at least six months’ notice from the 18th month of the two-year fixed term contract period. 

How Can A Landlord Evict A Tenant In Wales Who Is Not Paying Rent? 

Landlords can evict a tenant in rent arrears by serving a possession notice stating that the standard contract holder has broken the agreed terms. The notice period is one month for missed rent payments or 14 days’ notice if the tenants have missed at least two months’ rent. 

But take note. You may face challenges if you haven’t followed deposit protection guidelines. Place the tenant’s deposit in a Government-backed tenancy deposit protection scheme within 30 days of receipt to avoid problems. 

Your tenants aren’t compelled to pay rent if the property isn’t fit for human habitation. Landlords must also install carbon monoxide alarms and hard-wired smoke and fire alarms; maintain a valid Electrical Installation Condition Report and where applicable a gas safety certificate; and keep the water, gas and electricity supplies in working order and have a valid EPC or exemption. Otherwise, the repossession process could be complicated. 

How Can A Landlord Evict A Tenant Who Is Committing Antisocial Behaviour? 

The legislation takes a no-nonsense approach to antisocial behaviour. All rental contracts must outline behaviour expectations, from disturbing the neighbours with loud noises to domestic abuse and assault. 

If your tenant breaches antisocial behaviour rules, you can serve a possession order immediately. Landlords don’t have to wait before starting court proceedings – in this scenario, you can take action on the same day. 

How Much Notice Does A Tenant Have To Give A Landlord If They Want To End The Contract? 

Contract holders in Wales must give at least four weeks’ notice to end periodic tenancies. They can only end standard fixed-term contracts if a contract holder’s break clause exists, or if both parties agree to an early surrender. 

Did we answer your questions about ending a tenancy in Wales? It’s wise to get legal advice before deciding to end a tenancy, as it can be a long and difficult process. Contact our team to discuss your rental property, we’ll be happy to help.