Industry News Tim Thomas 23/03/2022

Coronavirus extended possession notice periods to end in Wales

The NRLA has learnt today that the Welsh Government will not be extending the six-month notice period brought in under coronavirus legislation.

Extended notice periods have continued in Wales under the Coronavirus Act 2020 despite the lifting of wider coronavirus restrictions. The Coronavirus Act 2020 expires on 24 March 2022.

This will mean that notice periods will revert to pre-Covid regulations when landlords serve possession notices from 25 March. This includes both Section 21 notices, which will revert to two months’ notice, and Section 8 notices, for which notice depends on the ground or grounds used.

Further details about the notice periods required will be available on our Section 21 and Section 8 pages for Wales from 25 March.

Plans to introduce expiry of Section 21 notices

We have also confirmed with the Welsh Government that they plan to introduce a two-month expiry date for Section 21 notices in Wales, ahead of the implementation of the Renting Homes (Wales) Act. Unlike England, there is currently no expiry date for Section 21 notices in Wales.

These transitional arrangements are planned to be put into law in the summer and would allow a Section 21 notice served prior to implementation of the Renting Homes Act on 15 July 2022 to be valid for two months after the possession date stated on the notice. For example, a Section 21 notice issued on 20 June 2022 with a possession date of 20 August would expire on 20 October 2022. Possession proceedings would need to commence prior to this date.

If the notice is served prior to the implementation of the Renting Homes Act, and the possession date stated on the notice also falls before 15 July 2022, it's expected that the notice will expire two months after the implementation of the Act.

In these instances, a possession claim made before the expiry date of the notice would be considered under the Housing Act 1988, rather than the Renting Homes Act.

Please note these regulations have not yet been brought to the Senedd and we will confirm details once they are formally laid.

In addition, under the provisions of the Act, the two-month no-fault notice period will continue in respect of periodic ASTs that convert to a periodic standard contract on 15 July 2022. No-fault notices under the Renting Homes Act (Section 173) will also have a two-month expiry after the possession date stated.

Find out more about how the Renting Homes Act will change how landlords operate in Wales here.

Tim Thomas

Tim Thomas Campaigns and Public Affairs Officer

Tim Thomas is the Campaigns and Public Affairs Officer for the NRLA. With almost fifteen years’ experience in policy and research roles in local authorities and the third sector, Tim takes a leading role on our campaigns to improve access to the Private Rented Sector. Tim’s campaigns have included campaigns to tackle homelessness, supporting the Afghan resettlement programme and promoting adaptations to private rented accommodation for tenants who require them.

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