What is the procedure for a no-fault eviction in Wales?

The procedure is not quite the same as in England. The landlord needs to follow the procedure as outlined below.

The landlord may evict the tenant(s) by using a Section 21 notice either:

  • once a fixed-term tenancy has finished if there is a written contract present; or
  • during a current tenancy which does not specify an end date, which is commonly referred to as a periodic tenancy.

A landlord is not permitted to use a Section 21 notice in certain circumstances, such as when:

  • it has been no more than six months since the beginning of the tenancy,
  • the fixed term agreed on has not yet ended,
  • the property is considered to be a house which is multiple occupation (HMO) and does not have a council-issued HMO licence,
  • the specific council has in the last six months issued an improvement notice for the property,
  • the specific council has in the last six months issued a notice saying it intends to carry out emergency works on the property,
  • the tenancy started after April 2007 and the tenant’s deposit has not been put into a deposit protection scheme, or
  • the landlord does not have a landlord’s licence.

The landlord is not permitted to use a Section 21 notice if he or she has not handed their tenants copies of important documents for the property such as:

  • an up-to-date gas safety record,
  • an energy performance certificate (EPC), or
  • the government’s ‘How to Rent’ guide.
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