Renting Homes (Wales) Act 2016

126 Variation by landlord of other terms: notice procedure

(1) The landlord may give the contract-holder notice that unless the contract-holder consents to a variation of the contract under section 125, the landlord will make a possession claim on the ground in section 178 (landlord’s notice).

(2) But the landlord may not give notice under subsection (1) at any time when the landlord is prevented from giving the contract-holder notice under section 173 (landlord’s notice to end contract) by section 175 (notice may not be given during first four months of occupation), section 176 (breach of information requirements) or section 177 (breach of security or deposit requirements).

(3) A notice under subsection (1) must—

(a) specify the nature of the variation and the date on which the variation is to take effect, and

(b) inform the contract-holder that the notice also has effect as a notice under section 173 (landlord’s notice to end contract).

(4) The date specified as the date on which the variation is to take effect may not be less than two months after the day on which the notice is given to the contract-holder.

(5) If the contract-holder does not give written consent to the variation on or before the date on which it is to take effect, the landlord may make a possession claim on the ground in section 178 (landlord’s notice).

(6) If the landlord satisfies the requirements of this section, the landlord is to be treated for the purposes of making the possession claim as having given notice to end the contract under section 173 (and section 179(1)(a) is to be read as if it referred to the date specified in the notice in accordance with subsection (3)(a) of this section).

(7) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts, except periodic standard contracts which do not incorporate section 173 (landlord’s notice to end contract).