Search Legislation

Renting Homes (Wales) Act 2016

Status:

This is the original version (as it was originally enacted).

Termination by landlord: landlord’s notice

173Landlord’s notice

(1)The landlord under a periodic standard contract may end the contract by giving the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice.

(2)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts.

(3)If this section is not incorporated as a term of a periodic standard contract, the landlord may not vary the terms of the contract in accordance with sections 125(1)(b) and 126 (variation by landlord’s notice).

174Minimum notice period

(1)The date specified in a notice under section 173 may not be less than two months after the day on which the notice is given to the contract-holder.

(2)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts.

175Restrictions on section 173: notice may not be given in first four months of occupation

(1)The landlord may not give notice under section 173 before the end of the period of four months starting with the occupation date of the contract.

(2)If the contract is a substitute occupation contract, the landlord may not give notice under section 173 before the end of the period of four months starting with the occupation date of the original contract.

(3)For the purposes of subsection (2)—

(a)an occupation contract is a substitute occupation contract if—

(i)the occupation date of the contract falls immediately after the end of a preceding occupation contract,

(ii)immediately before the occupation date of the contract a contract-holder under the contract was a contract-holder under the preceding contract and a landlord under the contract was a landlord under the preceding contract, and

(iii)the contract relates to the same (or substantially the same) dwelling as the preceding contract, and

(b)“original contract” means—

(i)where the substitute occupation contract has an occupation date falling immediately after the end of a contract which is not a substitute occupation contract, the occupation contract which precedes the substitute occupation contract;

(ii)where there have been successive substitute occupation contracts, the occupation contract which preceded the first of the substitute occupation contracts.

(4)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts, except periodic standard contracts which—

(a)do not incorporate section 173 as a term of the contract, or

(b)are within Schedule 9 (whether or not they incorporate section 173 as a term of the contract),

and section 20 provides that this section must be incorporated, and must not be incorporated with modifications.

176Restrictions on section 173: breach of information requirements

(1)If the landlord does not comply with section 31(1) or (2) (duty to provide written statement of contract), the landlord may not give notice under section 173 before the end of the restricted period.

(2)The restricted period is six months starting with the day on which the landlord gives a written statement of the contract to the contract-holder.

(3)The landlord may not give the contract-holder notice under section 173 at any time when the landlord has not provided a notice required under section 39 (duty to provide information).

(4)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts.

177Restrictions on section 173: breach of security and deposit requirements

(1)The landlord may not give notice under section 173 at a time when security required by the landlord in a form not permitted by section 43 has not been returned to the person by whom it was given.

(2)The landlord may not give notice under section 173 at a time when any of subsections (3) to (5) apply unless—

(a)a deposit paid in connection with the contract has been returned to the contract-holder (or any person who paid the deposit on his or her behalf) either in full or with such deductions as may have been agreed, or

(b)an application to the county court has been made under paragraph 2 of Schedule 5 and has been determined by the county court, withdrawn, or settled by agreement between the parties.

(3)A deposit has been paid in connection with the contract but the initial requirements of an authorised deposit scheme have not been complied with.

(4)A deposit has been paid in connection with the contract but the landlord has not provided the information required by section 45(2)(b).

(5)A deposit paid in connection with the contract is not being held in accordance with an authorised deposit scheme.

(6)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which incorporate section 173 as a term of the contract; section 20 provides that this section—

(a)must be incorporated, and

(b)must not be incorporated with modifications.

178Recovery of possession

(1)If the landlord gives the contract-holder a notice under section 173, the landlord may on that ground make a possession claim.

(2)Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling, unless section 217 (retaliatory evictions: standard contracts) applies (and subject to any available defence based on the contract-holder’s Convention rights).

(3)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts.

179Restriction on section 178

(1)The landlord may not make a possession claim on the ground in section 178—

(a)before the date specified in the notice given by the landlord to the contract-holder under section 173, or

(b)after the end of the period of two months starting with that date.

(2)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts.

180Termination of contract on landlord’s notice

(1)If the contract-holder gives up possession of the dwelling on or before the date specified in a notice under section 173, the contract ends on the date specified in the notice.

(2)If the contract-holder gives up possession of the dwelling after that date but in connection with the notice, the contract ends—

(a)on the day on which the contract-holder gives up possession of the dwelling, or

(b)if an order for possession is made, on the date determined in accordance with section 206.

(3)The notice ceases to have effect if, before the contract ends—

(a)the landlord withdraws the notice by further notice to the contract-holder, and

(b)the contract-holder does not object to the withdrawal in writing before the end of a reasonable period.

(4)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources