Campaigns Wales

Appeal date in Wales possession case

Sally Walmsley
Written by Sally Walmsley

A Welsh landlord who has been unable to evict tenants in serious rent arrears due to a licensing technicality has been given permission to appeal the decision.

Landlord Mr Jarvis served a section 8 notice after his tenants fell into serious rent arrears – with a possession order originally granted.

However, it transpired the Rent Smart Wales licence he held was in the name of his company, whereas the property was owned in his own name. 

As a result of this his tenants, who owed significant amounts of rent, successfully argued that as he was the landlord – and was not registered or licensed – the section 8 notice was invalid.

The possession order was overturned but the Court of Appeal has granted Mr Jarvis permission to appeal – and has acknowledged the case and important implications when it comes to tenancies in Wales.

This technicality has not been an issue before and could also have a knock-on impact on landlords and tenancies in England.

The RLA is supporting the appeal, with landlords raising £2,230 through a crowdfunding appeal to back the legal case.

The appeal will be heard in mid-June.

More information

Rent Smart Wales is a government scheme which requires all landlords of homes in Wales to be registered and licensed.

For more information and training details click here.

About the author

Sally Walmsley

Sally Walmsley

Sally Walmsley is the Magazine and Digital Editor for the NRLA. With 20 years’ experience writing for regional and national newspapers and magazines she is responsible for editing our members' magazine 'Property', producing our articles for our news site, the weekly and monthly bulletins and editorial content for our media partners.

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