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Cyngor Sir Ynys Môn - Isle of Anglesey County Council

Repossessing property in Wales

Many private landlords at some point will need to repossess their property. To do this certain rules and procedures must be followed.

Most private tenancies in Wales are assured shorthold tenancies, under which landlords cannot generally recover possession during the first six months.

A Section 21 notice can be used to serve notice to recover possession. Sufficient notice must be given and landlords must also be registered and a licensed landlord with Rent Smart Wales.

A Section 8 notice can be used in cases where there has been a breach of the tenancy agreement by the tenant. 

A Section 21 eviction notice allows a landlord to repossess their property as of right, and doesn’t require the tenant to have breached their tenancy agreement. It is also known as a ‘no fault’ eviction notice due to the landlord wishing to regain possession of their property. 

A Section 21 notice can be served at any time, providing the date by which the tenant must vacate the property is after the fixed term date of the assured shorthold tenancy.

A Section 21 notice must give the tenant at least two full months’ notice to vacate the property.  Serving a tenant with a Section 21 notice will usually result in the tenant vacating the property by the expiry date.

However, if a tenant refuses to leave when the notice has expired, the landlord will then be able to use an accelerated possession procedure through the courts for repossession.

There are various circumstances under which Section 21 notices can be held invalid, including:

  • The landlord or agent has not registered with Rent Smart Wales
  • If the deposit has not been placed in a valid deposit protection scheme
  • The landlord has not provided the tenant with a current Energy Performance Certificate

Landlords can serve a Section 8 notice as well as a section 21 notice.

A section 8 notice is a formal legal notice that informs tenants who have breached their tenancy agreement, that should they fail to remedy the breach, their landlord is eligible to evict them.

Landlords seeking possession of a property using a Section 8 notice must give their tenants notice of their intention to apply to the court for possession. The amount of notice varies from two weeks to two months depending on the grounds used.

The notice must include a pre-defined legal description of the breaches committed. Prior to issuing a Section 8 notice, a landlord must be able to demonstrate that they have made a reasonable effort to resolve the situation. If a tenant refuses to vacate the property after a Section 8 notice has expired, the landlord can then apply to the court for repossession.    

Section 8 notices are held invalid when the:

  • The landlord or agent has not registered with Rent Smart Wales
  • The notice does include the name of the tenant or spelt the tenant’s name incorrectly
  • The notice does not include the name of the property or spelt the name of the property incorrectly
  • The notice does not include the grounds for possession
  • The notice does not specify when the notice ends 

Please follow the below links for more information on eviction notices:

Landlords and Tenants