Regulation and Enforcement Wales

Welsh government launches possessions consultation

Sally Walmsley
Written by Sally Walmsley

The consultation on increasing the minimum notice period for a no fault eviction has now been launched by the Welsh government.

Plans – which the RLA says will introduce 12- month contracts by default – were announced by housing minister Julie James AM last week.

In documents released today it was revealed the government is consulting on:

  • extending the minimum notice period from two months to six months 
  • increasing the period at the beginning of a contract during which a landlord cannot give notice from four months to six months
  • placing a six-month restriction on issuing a notice following the expiry of a previous notice
  • removing a landlord’s ability to end a fixed term standard contract (under section 186)
  • the use of break clauses in fixed term contracts.

It is also seeking views about other proposals including:

  • Restrictions on issuing possession notices to landlords which the courts have found to have carried out retaliatory eviction;
  • Restrictions on issuing possession notices to property owners in breach of other laws related to rented housing, such as not having an Energy Performance Certificate or a valid gas safety certificate.

In a written statement Julie James AM said: “I believe these proposals will improve security of tenure for everyone renting in Wales, including those who rent from social property owners, which may also use no fault notices in certain situations.  

“There are legitimate reasons why a property owner may need possession of their property, such as to live in it themselves.

“Getting the balance right is vital if we are to maintain and encourage a vibrant private rented rector that provides high quality homes.”

The RLA has grave concerns about the plans.

RLA Vice Chair and director for Wales, Douglas Haig, said: “Creating a situation where a property cannot be repossessed within the first six months and then introducing a further six-month notice period could cause huge problems for landlords.

“We will be warning government that this move could cause serious damage to landlord confidence and the availability of homes to rent in Wales, at a time when demand continues to increase.

The consultation ends on 5 September 2019. To access the document 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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