Welsh Government launch consultation on no-fault evictions

Posted by Votta Sales & Lettings on 17th July 2019 -

Julie James AM, Minister for Housing and Local Government has launched a consultation asking for views on proposals that include extending the minimum notice period applicable to a section 173 notice from two to six months.

The Welsh Government’s intention to do this was first announced by Julie James in a speech she gave to Shelter Cymru’s Conference in Swansea on 4 July 2019.

Section 173 of the Renting Homes (Wales) Act 2016, as currently drafted, allows a property owner to seek possession of a property without a breach of contract occurring with two months’ notice. However, the Minister believes there is more the Welsh Government can do about the use of no-fault evictions and has launched a consultation asking for views about amending the Renting Homes Act before it comes into force.

Under the consultation are main proposals for periodic contracts (those contracts with no end-date):

• Extending the minimum notice period applicable to a section 173 notice from two to six months;
• Restricting a landlord from serving a section 173 notice within the first six months of a periodic contract, rather than four months as currently provided for;
• Placing a six-month restriction on issuing a section 173 notice following the expiry of a previous notice.

The main proposals for fixed-term contracts (those contracts with a pre-agreed end-date) are:

• Removal of a landlord’s ability to end a fixed term standard contract under section 186;
• To consider the use of break clauses in fixed term contracts.

The Welsh Government are 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.