Wales – Back to Pre-pandemic Notice Periods but not for long…
By Sharfaa Kerkache, Trainee Solicitor at Woodstock Legal Services
The introduction of Schedule 29 of the Coronavirus Act 2020 meant landlords in the Private Rented Sector in Wales have had to provide 6 months’ notice to evict their tenants since July 2020. This applied to all landlords for both section 21 notices and section 8 notices, unless relying on specific grounds 7A or 14 of section 8 relating to antisocial behaviour. Wales went even further than England and did not reduce notice periods for rent arrears.
Initially this legislation and its effects were supposed to expire on 31st December 2021, however the Welsh government decided to extend this to 24th March 2022. It seems that they have now allowed Landlords in Wales some relief as the notice periods have now reverted to the pre-pandemic requirements. Landlord’s looking to evict their tenants using a section 21 Notice currently only have to provide 2 months’ notice before issuing court proceedings, or 14 days’ notice for rent arrears under section 8 of the Housing Act 1988.
But not for how long?
It seems this period of relief will be short lived for Landlords in Wales. The Renting Homes (Wales) Act 2022, due to come into effect on 15th July this year, will reinstate the requirement for landlords to provide their tenants with 6 months’ notice to evict them. This Act will also prevent landlords from serving notice until 6 months of the tenancy contract has expired. There is reason to believe that any valid notices giving the current shorter notice periods may still be relied upon provided they are served correctly prior to the Renting Homes (Wales) Act coming into effect.
What can landlords and letting agents in Wales take from this?
All letting agents and landlords in Wales may wish to review their portfolios now, so that they can act in this short window if they feel it is necessary. It will be prudent for landlords to seriously consider legal assistance as it will be absolutely essential to ensure all notices are valid and served correctly. Any errors could invalidate the possession claim meaning notice has to be served again, which may prove difficult before the 15th July deadline if the landlord needs to retrospectively gather missing documents and evidence in order to serve notice again.