Pandemic eviction law to become permanent in Wales from spring 2022

grumiofoundation

Article from the bbc on amendments* to welsh legislation to extend notice period to 6 months permanently and means tenant cannot be evicted within the first 12 months of moving in (assuming doesn't breach contract in any way). 
*Amendments to The Renting Homes (Wales) Act 2016 which has not yet been implemented. 

https://www.bbc.co.uk/news/uk-wales-56182025

Link to senedd page: https://business.senedd.wales/mgIssueHistoryHome.aspx?IId=27569

Looks to me like there is an erroneous/misleading statement in the second line of the BBC article which states:

"The Renting Homes (Amendment) (Wales) Bill will also mean the minimum contract a tenant can be given will be for 12 months."

From (briefly) looking at the actual bill it looks like the changes would grant a tenant 12 months security from the point of moving in rather than the initial fixed-term having to be 12 months (as the article sees to imply - which obviously may not be desirable to all tenants). 

Hope I have read this correctly (welcome any corrections if not!). 

E.g. from section 3.38 (page 14) of this PDF of amendments: https://senedd.wales/media/fvdnyilp/pri-ld12310-em-e.pdf

The 2016 Act seeks to improve this situation by only allowing a section 173 notice to be issued after the expiry of four months from the occupation date of the contract. The Bill increases the period before a landlord can issue a section 173 notice from four to six months. Therefore, in conjunction with the extension of the notice period, this will provide a contract-holder a minimum of 12 months’ security of tenure at the outset of their occupation under the contract, subject to meeting the terms of their contract.

Grumpy_chap

Just reading the OP and not looked at the references linked.

So, I can rent a mansion in Wales, pay nothing, and not get evicted for 12 months, then leave a day before the bailiffs are due, leave no forwarding address.  Rinse, repeat.

Sounds like the rental sector will boom 👿

MaryNB

Grumpy_chap said:

Just reading the OP and not looked at the references linked.

So, I can rent a mansion in Wales, pay nothing, and not get evicted for 12 months, then leave a day before the bailiffs are due, leave no forwarding address.  Rinse, repeat.

Sounds like the rental sector will boom 👿

If no rent is paid then it's a breach of contract so the 6 months notice doesn't apply. That's how I read the post above and one of the Senedd docs.

ETA: 3.32 We also consider that this approach is proportionate; it provides greater security to contract-holders without preventing landlords being able to regain possession, for example if they wish to sell the property, albeit this may take longer than currently provided for. Where a contract-holder is in breach of contract, a landlord can continue to use the general ‘breach of contract’ ground under section 157 of the 2016 Act, which has a notice period of one month but, importantly, can be challenged in court. It should also be highlighted that the mandatory ground in relation to serious rent arrears (of eight weeks or two months) is being retained, under which the notice period is only two weeks.

grumiofoundation

Grumpy_chap said:

Just reading the OP and not looked at the references linked.

Well almost to the end of the first sentence anyway....

Norman_Castle

Grumpy_chap said:

Just reading the OP and not looked at the references linked.

So, I can rent a mansion in Wales, pay nothing, and not get evicted for 12 months, then leave a day before the bailiffs are due, leave no forwarding address.  Rinse, repeat.

Sounds like the rental sector will boom 👿

Therefore, in conjunction with the extension of the notice period, this will provide a contract-holder a minimum of 12 months’ security of tenure at the outset of their occupation under the contract, subject to meeting the terms of their contract.

I'd expect most rental agreements include paying rent.

princeofpounds

Personally I always thought that 6 month security of tenure for a paying tenant was too short. You have more security with your gym contract or mobile phone than a rental property. More seriously, not having security of tenure for things like a school year can be a problem. It's not a pleasant way to live, moving in and wondering if a S21 notice is going to drop through your door any time from 12 weeks later.

On the other hand, I would also support a faster eviction process for the S8 system, so that tenants who are failing to meet their obligations can be more effectively removed, which would reduce the cost of renting for all good tenants.