Evictions in Wales: Will notice periods return to normal next month?
By Alex Giblett, Legal Assistant, Woodstock Legal Services
A section 8 notice is a formal notice to terminate an assured and assured shorthold tenancy. It is a prerequisite to serve either a section 8 notice or section 21 notice on the tenant before court proceedings can be commenced to pursue a possession order.
Schedule 2 of the Housing Act sets out various grounds landlords can rely on under a section 8 notice, such as anti-social behaviour, rent arrears etc. The date court proceedings can be commenced following service of a section 8 notice will vary depending on the notice period under the ground(s) relied on. Each ground under schedule 2 of the Housing Act has a different notice period to give to tenants.
But, while the notice period will still vary according to the ground(s) relied on under the section 8 notice, covid-19 legislation has caused significant changes and delays to the eviction process.
What impact did covid-19 have on the eviction process in Wales
Due to Covid-19 legislation introduced, landlords in Wales must give tenants six months’ notice prior to an eviction, unless relying on anti-social behaviour or domestic violence grounds. Importantly, the 6-month notice period extension was set to expire on 31 December 2021.
On 17th December 2021, Julie James, Housing and Climate Minster, used her powers to extend the eviction regulations until 24th March 2022. Therefore, most landlords must continue to give tenants 6 months’ notice to vacate the property before court proceedings can be commenced.
Although this was a shock for many landlords in Wales who were hoping for a return to pre-covid notice periods, it is important to note that this is the last time the Welsh government can extend eviction regulations without passing new covid legislation.
Why did the Welsh government extend the regulations?
Interestingly England returned to pre-covid notice periods on 1st October 2021. Therefore, since the number of new covid cases is currently higher in England than in Wales, why did the Welsh government extend the regulations to keep increased notice periods until 24th March 2022?
According to Julie James, the extension was introduced to “delay evictions meaning that: fewer people will face eviction into homelessness at a time when this might exacerbate the spread of the virus and when local authorities are less able to respond to these situations; those renting their homes will benefit from increased security and reduced anxiety; and individuals at risk of eviction will be provided with increased time to seek support to resolve any problems, including applying to the Tenancy Hardship Grant scheme, which I introduced in July.”
Renting Homes (Wales) Act 2016 – Notice periods
Wales will have a separate self-contained system of law. The Renting Homes (Wales) Act will come into force on 15 July 2022 and increases protections for tenants and licensees, who are now called ‘contract-holders’ in the legislation. It is branded the “biggest change to Housing Law in decades”.
The Act introduces a six-month notice requirement for a landlord to end a contract where the contract-holder is not at fault. In addition, as landlords will not be able to issue such a possession notice during the first six months of occupation so contract-holders will have a minimum security of tenure of one year from the date of moving in.
The Act also introduces further changes to tenancy laws such succession rights (certain people taking over tenancies), abandonment procedure and tackles retaliatory eviction.