Why Wales works better for landlords: Possession rights compared
A special look at regaining possession under Welsh law vs England’s Renters’ Rights Act. Don't miss our other blogs, linked at the end of this piece.
Welcome to the first in our landlord blog series, where we compare key differences between the private rental laws in Wales and England.
With much of England’s Renters’ Rights Act now in force, landlords across the UK are weighing up where their investments are best protected. In this edition, we focus on one of the most critical areas for landlords: regaining possession of your property – whether due to tenant issues, a planned sale, or personal use.
While English landlords now face stricter restrictions and fewer options, Welsh law continues to offer a different approach to regaining possession.
Fixed-term tenancies
Wales: Fixed terms (e.g. a 6-month tenancy, a 12-month tenancy, etc.) are still allowed.
England: Fixed-term assured tenancies have been abolished. Most existing assured shorthold tenancies became periodic on 1 May 2026, even where both parties previously agreed a fixed term. New assured tenancies are also periodic. Tenants can end their tenancy by giving two months’ notice, while landlords must rely on a legal ground for possession.
Fixed terms provide a clear end date, which often leads to tenants leaving naturally or agreeing to renew. This reduces the need for formal possession action. Without fixed terms, landlords in England must rely on the legal grounds available to regain possession, rather than simply bringing a tenancy to an end at the end of an agreed term.
‘No-fault’ evictions
Wales: Landlords can generally issue tenants with six months’ notice to leave without needing to specify a reason, provided the legal requirements are met. They cannot use this route to end a fixed-term occupation contract before the fixed term expires.
England: Landlords can no longer use the no-fault Section 21 process to regain possession. They must rely on one of the grounds for possession permitted by law.
Student tenancies
Wales: With fixed terms still in existence, many student tenancies naturally end at the end of a fixed term aligned with the academic year.
England: Without fixed terms, students can end their tenancies by giving two months’ notice. There is a concern that students may leave at an awkward time, such as midway through the academic year, when finding replacement tenants could be difficult.
Landlords can use a specific possession ground to regain a qualifying HMO let to full-time students for the next academic year, provided:
- The property is an HMO occupied by qualifying full-time students.
- The landlord intends to re-let the property to qualifying full-time students for the following academic year.
- The landlord gives the required written notice before the tenancy is agreed, explaining that they may use this ground to regain possession.
- The tenancy was not agreed more than six months before the tenant was entitled to occupy the property.
The possession date specified in the notice must fall between 1 June and 30 September. Landlords must give at least four months’ notice before applying to court for possession.
Landlords with non-HMO student properties, such as one and two-bedroom flats, cannot use this specific student possession ground. They must rely on another applicable ground if they need to regain possession.
Landlords wanting to sell or move in
Wales: As above, landlords can generally issue tenants with notice to leave without giving a reason, provided the legal requirements are met and the notice does not bring a fixed-term occupation contract to an end early.
England: Landlords can seek possession if they intend to sell the property, or if they or a qualifying family member intend to move in. They must give at least four months’ notice. This notice can be served during the first 12 months of a tenancy, but it cannot expire until that 12-month period has ended.
Restrictions also apply to re-letting or marketing the property for rent for a period of 12 months after using either possession ground, subject to certain exceptions.
Severe rent arrears
Wales: Landlords can serve a possession notice if their tenant is at least two months’ in rent arrears under a monthly occupation contract, subject to the applicable legal requirements. They must then wait at least two weeks after serving the notice before applying to court for a possession order.
England: For the mandatory serious rent arrears ground, tenants must owe at least three months’ rent if paying monthly, or 13 weeks’ rent if paying weekly or fortnightly. This threshold must be met both when notice is served and at the court hearing. Landlords must give at least four weeks’ notice before applying to court for possession.
Any rent unpaid solely because the tenant has not yet received a Universal Credit payment towards housing costs to which they are entitled is disregarded when calculating arrears under this ground. Landlords may still be able to rely on other applicable possession grounds, depending on the circumstances.
Read on for more insight into why Wales works better for landlords:
Why Wales works better for landlords: Rent payment rights compared
Why Wales works better for landlords: Compliance & control compared
If you're considering expanding or rebalancing your portfolio in light of the changes, we're here to offer expert, local advice. Call us on 02920 668585 for a no-obligation chat.
The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.
