Renting Homes (Amendment) (Wales) Act 2021 (asc3)

Landlord’s notice: minimum notice periods

1 Landlord’s notice under periodic standard contract: minimum notice period

(1) The Renting Homes (Wales) Act 2016 (anaw 1) (“the 2016 Act”) is amended as follows.

(2) In section 174 (notices under section 173: minimum notice period)—

(a) in subsection (1), for “two months” substitute “six months”;

(b) for subsection (2) substitute—

“(2) 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 8A (whether or not they incorporate section 173 as a term of the contract).”

(3) After section 174, insert—

“174A Minimum notice period: periodic standard contracts within Schedule 8A

(1) If a periodic standard contract is within Schedule 8A, 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 which—

(a) incorporate section 173 as a term of the contract, and

(b) are within Schedule 8A.”

2 Landlord’s break clause under fixed term standard contract: minimum notice period

(1) The 2016 Act is amended as follows.

(2) In section 195 (landlord’s break clause: minimum notice period)—

(a) in subsection (1), for “two months” substitute “six months”;

(b) for subsection (2) substitute—

“(2) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts, except fixed term standard contracts which—

(a) do not have a landlord’s break clause, or

(b) are within Schedule 8A (whether or not they have a landlord’s break clause).”

(3) After section 195 insert—

“195A Minimum notice period: fixed term standard contracts within Schedule 8A

(1) If a fixed term standard contract is within Schedule 8A, the date specified in a notice under a landlord’s break clause 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 fixed term standard contracts which—

(a) have a landlord’s break clause, and

(b) are within Schedule 8A.”

3 Standard contracts with minimum notice period of two months

Schedule 1 inserts a new Schedule 8A into the 2016 Act, setting out standard contracts which can be terminated by the landlord on giving two months’ notice.