Fonseca Law Solicitors


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Tenant troubles - navigating eviction in Wales

Properties on an inclined streetDealing with challenging tenants can be a daunting task for landlords, particularly when eviction becomes necessary.

In Wales, landlords face a unique set of legal considerations when seeking to remove tenants (or contract-holders as they are more formally referred to) from their properties. Understanding the intricacies of landlord-tenant law is essential for landlords to protect their rights and interests throughout the eviction process.

At Fonseca Law, we recognise the complexities involved in landlord-tenant disputes and are dedicated to providing comprehensive guidance and support to landlords facing eviction challenges.

Our team of experienced solicitors is well-versed in the intricacies of Welsh property law and can offer expert advice tailored to the specific circumstances of each case.

Whether you're dealing with rent arrears, anti-social behaviour, or breaches of occupation contract agreements, we're here to help you navigate the legal landscape and achieve a successful outcome.

Understanding the legal framework

Understanding the legal framework surrounding residential occupation contracts is crucial for landlords operating in Wales.

The Renting Homes (Wales) Act 2016, which replaced the previous system of Assured and Assured Shorthold Tenancies, has established a comprehensive legal framework governing landlord-tenant relationships in Wales. This legislation outlines specific procedures that landlords must follow when seeking to evict contract-holders, ensuring that both landlords' and contract-holders' rights are protected throughout the eviction process.

By familiarising themselves with the provisions of the Renting Homes Act, landlords can ensure compliance with the law and effectively navigate the complexities of the eviction process.

Grounds for eviction

Landlords in Wales have the right to seek eviction for a variety of reasons, ranging from rent arrears to breach of contract, anti-social behaviour, and property damage.

These grounds for eviction are governed by the Renting Homes (Wales) Act 2016, which outlines specific procedures that landlords must adhere to when initiating eviction proceedings.

By understanding the different grounds for eviction and the corresponding legal procedures outlined in the Renting Homes Act, landlords can effectively address tenant issues and ensure compliance with Welsh tenancy laws.

Notices in Wales

In the event that a landlord in Wales would like to evict a contract-holder on the basis of them having breached the contract the landlord must serve a possession notice in order to terminate the contract and regain possession of the property.

The notice form used and duration of the notice will depend on the grounds for eviction and must comply with legal requirements.

The most common notice forms include:

Section 173 - This form is used when a landlord is seeking to end an occupation contract agreement without giving a reason. The landlord must provide the contract-holder with six months notice.

Section 159 - This is used for breach of contract. This may include antisocial behaviour or any other conduct that is prohibited by the occupation contract agreement. If the breach is for antisocial behaviour the landlord can begin court proceedings immediately with no notice period required, while other non-antisocial behaviour cases require one month's notice.

Section 182 - This is to be issued to contract-holders who are in rent arrears while under a periodic tenancy and the landlord must provide 14 days notice.

Section 188 - This is to be issued to contract-holders who are in rent arrears while within a fixed term contract and as with the Section 182, landlords must provide 14 days notice.

The system allows for the contract-holder to challenge the possession claim if they feel it is unfair.

Legal process

Once the notice period expires, landlords can apply to the court for possession of the property - although in antisocial behaviour cases the landlord is able to serve a possession notice and commence court proceedings the same day.

The court will review the case and may issue a possession order if the grounds for eviction are deemed valid. It's essential for landlords to ensure that they have followed all necessary procedures to avoid delays or complications in the court process.

For expert advice and assistance with landlord-tenant disputes, contact our expert legal team here at Fonseca Law in Ebbw Vale, South Wales. Our experienced solicitors are here to provide comprehensive legal support tailored to your needs. Call 01495 303124, e-mail or complete our online contact form.