CPS Homes

"How much notice do I need to give my tenants?"

We explain the quirks of both current and new legislation, plus some free tips.

Liane, Branch ManagerThe response to our series of blogs on the new Renting Homes (Wales) Act 2016 has been fantastic, with a huge number of landlords getting in touch to ask how they can comply with the new legislative changes.

Our blog on tenants being guaranteed a minimum of 12 months’ occupancy under the new Act has prompted a few landlords to ask us about the minimum period of notice they must give to their tenant(s) in order to regain possession of their property.

The Renting Homes (Wales) Act 2016 came into force on 1st December 2022. Since this date, the minimum notice period for new occupation contracts is six months, but this can be less for current tenancies that convert from assured shorthold tenancies (ASTs) to occupation contracts.

There are even shorter notice periods available to landlords where a tenant has breached a term of their tenancy/contract, but in this article we’re talking about ‘no fault’ evictions.

Converted periodic tenancies

  • As long as the tenant has occupied for at least four months, you can gain possession by giving two months' notice, which is similar to the old 'Section 21' process. This is done under Section 173 of the Act and you must use the prescribed RHW17 form. However, you only have until 31st May 2023 to do this. After then, you must give six months' notice.

Converted fixed-term tenancies

  • Assuming there is no pre-existing landlord break clause, you can give two months' notice using the prescribed form RHW38 form, but it must be served before or on the last day of the fixed-term. It cannot require possession before the last day of the fixed-term or within the first six months of the tenancy.
  • Once the fixed-term ends, you are no longer able to give two months' notice. The new periodic contract (or the new fixed-term contract, if you've agreed one) will default to six months' notice. If it is a new fixed-term contract, you can't serve a notice for possession during that fixed-term.


Why we're not using Welsh Gov's model contract


We’re experts on legislation and clients for whom we manage properties will know we’re helping protect them. They can rely on us know the new laws inside out and to take the best actions on their behalf, giving them peace of mind. Got any questions? Get in touch today via liane.loat@cpshomes.co.uk

10 March 2022

The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.

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