Renting Homes (Wales) Act 2016

Termination by landlord: serious rent arrears

181Serious rent arrears

(1)If the contract-holder under a periodic standard contract is in serious rent arrears, the landlord may on that ground make a possession claim.

(2)The contract-holder is seriously in arrears with his or her rent—

(a)where the rental period is a week, a fortnight or four weeks, if at least eight weeks’ rent is unpaid;

(b)where the rental period is a month, if at least two months’ rent is unpaid;

(c)where the rental period is a quarter, if at least one quarter’s rent is more than three months in arrears;

(d)where the rental period is a year, if at least 25% of the rent is more than three months in arrears.

(3)Section 216 provides that the court must (subject to any available defence based on the contract-holder’s Convention rights) make an order for possession of the dwelling if it is satisfied that the contract-holder—

(a)was seriously in arrears with his or her rent on the day on which the landlord gave the contract-holder the possession notice, and

(b)is seriously in arrears with his or her rent on the day on which the court hears the possession claim.

(4)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts.

182Restrictions on section 181

(1)Before making a possession claim on the ground in section 181, the landlord must give the contract-holder a possession notice specifying that ground.

(2)The landlord under a periodic standard contract that is not an introductory standard contract or a prohibited conduct standard contract may not make the claim—

(a)before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder the possession notice, or

(b)after the end of the period of six months starting with that day.

(3)The landlord under an introductory standard contract or a prohibited conduct standard contract may not make the claim—

(a)before the end of the period of one month starting with the day on which the landlord gives the contract-holder the possession notice, or

(b)after the end of the period of six months starting with that day.

(4)Subsection (1) is a fundamental provision which is incorporated as a term of all periodic standard contracts, and—

(a)subsection (2) is a fundamental provision which is incorporated as a term of all periodic standard contracts that are not introductory standard contracts or prohibited conduct standard contracts;

(b)subsection (3) is a fundamental provision which is incorporated as a term only of introductory standard contracts and prohibited conduct standard contracts.