Le­gal Brief­ing

In a weekly col­umn for the Star, so­lic­i­tor Juliet Phillips-James casts her ex­pert eye over a range of le­gal mat­ters and urges any­one with any ques­tions or prob­lems to come for­ward for help.

Llanelli Star - - Letters -


I have re­cently had a change in cir­cum­stances which has re­quired me to move back home. I orig­i­nally rented out my prop­erty in Swansea when I moved away but now I need to get the ten­ant to va­cate in or­der that I can move back in. I have spo­ken with a friend who ad­vises me I need to give them no­tice. Could you ad­vise me as to what the re­quire­ments and pro­ce­dures are and how much no­tice is re­quired?

A land­lord (such as you) can seek pos­ses­sion of your prop­erty by serv­ing on the ten­ant a sec­tion 21 no­tice un­der the Hous­ing Act 1988 (as amended). You can not is­sue pos­ses­sion pro­ceed­ings un­til af­ter two months have ex­pired from the date the no­tice was served on the ten­ant.

In ad­di­tion, in Wales, un­less the prop­erty is man­aged by an agent who is reg­is­tered with Rent Smart Wales, an in­di­vid­ual land­lord man­ag­ing their own let­ting will need to ob­tain a li­cence from Rent Smart Wales (this process also in­volves sit­ting a test).

You will not be able to serve a valid sec­tion 21 no­tice un­less you or your man­ag­ing agent has a li­cence and your prop­erty is reg­is­tered with Rent Smart Wales.

Rent Smart Wales are the li­cens­ing au­thor­ity that came into force un­der the Hous­ing (Wales) Act 2014. Fail­ure to com­ply with the leg­is­la­tion is an of­fence and may lead to crim­i­nal pros­e­cu­tion.

The no­tices for evic­tion can be quite tricky in terms of en­sur­ing the cor­rect dates are stip­u­lated in the no­tice. I would there­fore rec­om­mend that you seek some ad­vice from a so­lic­i­tor deal­ing in Hous­ing Act mat­ters prior to serv­ing the no­tice to en­sure full com­pli­ance.


Find more le­gal ad­vice from Juliet Phillips-James at... www.waleson­line.co.uk

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