Evicting private tenants through covid regulations

15 FEBRUARY 2022 09:30

Q.I am a private landlord in Wales and I need to evict tenants from my property. In line with the everchanging Covid Regulations, how do I serve notice and how much notice am I required to give?

If tenants occupy your property on an Assured Shorthold Tenancy Agreement, you can evict your tenants by either serving a Section 21 or Section 8 Notice (or both).

 

A Section 21 Notice (sometimes referred to as a “no fault” eviction notice) can be used to evict tenants after a fixed term tenancy ends or where there is no fixed end date (a Periodic Tenancy). However, fixed-term tenants cannot be evicted until their tenancy ends.

 

The landlord must explain to the tenants in writing that they are serving an eviction notice under Section 21 of the Housing Act 1998. In Wales, landlords are required to give tenants at least six months-notice.

 

Alternatively, if your tenants have breached the terms of the tenancy, you can serve a Section 8 Notice (for example, if the tenant is failing to pay rent).  When serving a Section 8 Notice, it is important that the terms of the tenancy which have been breached/the grounds on which the landlord is relying on are clearly listed in writing on the notice.

 

When serving a Section 8 Notice, landlords are still required to give tenants six months-notice to tenants unless they are evicting on the grounds of anti-social behaviour where only four weeks/one month notice is required.

 

If your tenants refuse to leave the Property after six months, you can apply to Court for a Possession Order. Once the application is received by the Court, the Judge will decide to either make a Possession Order or will list a Court Hearing (only if the tenants raise an important issue). When a Section 21 Notice is served, provided that the correct procedure has been followed and sufficient notice has been given (6 months) the tenants cannot contest the Possession Order. Whereas, if a Section 8 Notice is served there may be more scope for the tenants to contest the making of a Possession Order.  

 

Please contact Gomer Williams dispute  resolution department for further advice.

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