How to get back possession of house in Wales rented under a standard occupation contract?

Hunty101

Hello everyone.  I entered into a standard occupation contract with my tenant on 1 January 2023 and it expires on 15 July 2023.  My tenant has said they won't be moving out but I need to sell the property as I can't afford the new mortgage rates when my fix expires in a couple of month's time. 

Can anyone help me work out what notice(s) I need to serve?

Hunty101

Are they entitled to stay beyond 15 July, even though that is the contractual fixed term expiry date?

TonyMMM

Hunty101 said:

Are they entitled to stay beyond 15 July, even though that is the contractual fixed term expiry date?

Yes ....

Have you complied with all the necessary landlord/tenant legislation ....deposit protected, gas certificate, EPC, "How to rent" leaflet supplied  etc.etc. ?

You will need to issue a s21 notice (depending on the above) and take it from there.... be prepared for the process to take some months, at least, depending on the tenants being cooperative (or not).

Hunty101

TonyMMM said:

Hunty101 said:

Are they entitled to stay beyond 15 July, even though that is the contractual fixed term expiry date?

Yes ....

Have you complied with all the necessary landlord/tenant legislation ....deposit protected, gas certificate, EPC, "How to rent" leaflet supplied  etc.etc. ?

You will need to issue a s21 notice (depending on the above) and take it from there.... be prepared for the process to take some months, at least, depending on the tenants being cooperative (or not).

Thanks. Complied with all of the above. 

Are you sure a s21 notice is relevant in Wales? 

To clarify, I have a fixed term standard contract which expires on 15 July 2023. 
I will be sending them a Form 22 - LANDLORD’S NOTICE OF TERMINATION: FIXED TERM STANDARD CONTRACT WITHIN SCHEDULE 9B TO THE RENTING HOMES (WALES) ACT 2016

Do I serve a s21 notice if they fail to move out on 15 July? 

The tenants are minded to be cooperative - they are presenting themselves to the council for a council house as cannot afford a new rental and said they need "eviction notice". 

gail5863

Hi, we've got a rental property in Wales and I've found the Facebook Group - Welsh Landlords (Welsh Landlords | Facebook) to be invaluable possibly good to look / ask on there. Also join the NRLA and they have a whole section on everything to do with renting in Wales. Having rentals in Wales is a total nightmare, everyone selling up, ridiculous situation with RentSmartWales and all else, hopeless. Hope this doesn't happen in England!  As previous poster said, S21 - but I don't think this is now valid in Wales.

RAS

Hunty101 said:

TonyMMM said:

Hunty101 said:

Are they entitled to stay beyond 15 July, even though that is the contractual fixed term expiry date?

Yes ....

Have you complied with all the necessary landlord/tenant legislation ....deposit protected, gas certificate, EPC, "How to rent" leaflet supplied  etc.etc. ?

You will need to issue a s21 notice (depending on the above) and take it from there.... be prepared for the process to take some months, at least, depending on the tenants being cooperative (or not).

Thanks. Complied with all of the above. 

Are you sure a s21 notice is relevant in Wales? 

To clarify, I have a fixed term standard contract which expires on 15 July 2023. 
I will be sending them a Form 22 - LANDLORD’S NOTICE OF TERMINATION: FIXED TERM STANDARD CONTRACT WITHIN SCHEDULE 9B TO THE RENTING HOMES (WALES) ACT 2016

Do I serve a s21 notice if they fail to move out on 15 July? 

The tenants are minded to be cooperative - they are presenting themselves to the council for a council house as cannot afford a new rental and said they need "eviction notice". 

They may actually need to be evicted by bailiffs before they have any chance of council housing. Do they have children?

Alderbank

s21 is England.

In Wales you should serve s173. Your forward planning is not too good, the minimum notice period has recently been extended to 6 months. That does not guarantee eviction, it just means that next January is the earliest date that you could start proceedings leading to eviction.

What are your tenants like? If they do untenantlike things you might be able to evict earlier. On the other hand, if they are steady reliable tenants many landlords will be happy to buy the property with tenants in situ. Good tenants with a proven record are valued.

Hunty101

Alderbank said:

s21 is England.

In Wales you should serve s173. Your forward planning is not too good, the minimum notice period has recently been extended to 6 months. That does not guarantee eviction, it just means that next January is the earliest date that you could start proceedings leading to eviction.

What are your tenants like? If they do untenantlike things you might be able to evict earlier. On the other hand, if they are steady reliable tenants many landlords will be happy to buy the property with tenants in situ. Good tenants with a proven record are valued.

I don't think you're right. s173 notice is provided for a "no-fault" eviction which requires minimum notice period of six months. This wouldn't be a "no fault" notice - the tenant would be living at the property past the end of the fixed term contract. 

deannagone

Given their comments, I would in no way work on an assumption they will have moved out when you have asked them to.  The council will make it clear if they move out in advance of the possession order and bailiffs warrant, they will be making themselves intentionally homeless. Most councils will start a potentially homeless case (if they have reasons to make them 'in housing need' like children or medical/mental health problems) but its going to be a long process. Most councils won't find them a property until the eviction process is almost complete or is complete.  This could take some months.

housebuyer143

Hunty101 said:

Alderbank said:

s21 is England.

In Wales you should serve s173. Your forward planning is not too good, the minimum notice period has recently been extended to 6 months. That does not guarantee eviction, it just means that next January is the earliest date that you could start proceedings leading to eviction.

What are your tenants like? If they do untenantlike things you might be able to evict earlier. On the other hand, if they are steady reliable tenants many landlords will be happy to buy the property with tenants in situ. Good tenants with a proven record are valued.

I don't think you're right. s173 notice is provided for a "no-fault" eviction which requires minimum notice period of six months. This wouldn't be a "no fault" notice - the tenant would be living at the property past the end of the fixed term contract. 

The definition of no fault is they haven't done anything wrong. Not leaving at the end of the fixed term when they haven't been served notice isn't incorrect. 
So the s173 with 6 months notice is the correct route.

Hunty101

housebuyer143 said:

Hunty101 said:

Alderbank said:

s21 is England.

In Wales you should serve s173. Your forward planning is not too good, the minimum notice period has recently been extended to 6 months. That does not guarantee eviction, it just means that next January is the earliest date that you could start proceedings leading to eviction.

What are your tenants like? If they do untenantlike things you might be able to evict earlier. On the other hand, if they are steady reliable tenants many landlords will be happy to buy the property with tenants in situ. Good tenants with a proven record are valued.

I don't think you're right. s173 notice is provided for a "no-fault" eviction which requires minimum notice period of six months. This wouldn't be a "no fault" notice - the tenant would be living at the property past the end of the fixed term contract. 

The definition of no fault is they haven't done anything wrong. Not leaving at the end of the fixed term when they haven't been served notice isn't incorrect. 
So the s173 with 6 months notice is the correct route.

I'm not really sure what you are talking about. Who said they haven't been served notice? 

They are in a fixed term contract which ends on 15 July. I have served them notice (Form 22 - LANDLORD’S NOTICE OF TERMINATION: FIXED TERM STANDARD CONTRACT WITHIN SCHEDULE 9B TO THE RENTING HOMES (WALES) ACT 2016) that they must leave at the end of the fixed term contract i.e. 15 July. 

So if they remain in the property post 15 July, they will be at fault.

Clear?