Renting Homes (Wales) Act 2016

186Landlord’s notice in connection with end of term

(1)The landlord under a fixed term standard contract may, before or on the last day of the term for which the contract was made, give the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice.

(2)The specified date may not be less than six months after—

(a)the occupation date of the contract, or

(b)if the contract is a substitute contract, the occupation date of the original contract.

(3)Subject to subsection (2), the specified date—

(a)may not be before the last day of the term for which the contract was made, and

(b)may not be less than two months after the day on which the notice is given to the contract-holder.

(4)For the purposes of subsection (2)—

(a)an occupation contract is a substitute occupation contract if—

(i)the occupation date of the contract falls immediately after the end of a preceding occupation contract,

(ii)immediately before the occupation date of the contract a contract-holder under the contract was a contract-holder under the preceding contract and a landlord under the contract was a landlord under the preceding contract, and

(iii)the contract relates to the same (or substantially the same) dwelling as the preceding contract, and

(b)“original contract” means—

(i)where the substitute occupation contract has an occupation date falling immediately after the end of a contract which is not a substitute occupation contract, the occupation contract which precedes the substitute occupation contract;

(ii)where there have been successive substitute occupation contracts, the occupation contract which preceded the first of the substitute occupation contracts.

(5)If the landlord gives the contract-holder a notice under subsection (1), the landlord may on that ground make a possession claim.

(6)Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling (subject to any available defence based on the contract-holder’s Convention rights).

(7)The landlord may not make a possession claim on that ground before the end of the fixed term standard contract.

(8)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts; subsections (2) and (4) are fundamental provisions which are incorporated as a term of all fixed term standard contracts, except fixed term standard contracts which—

(a)do not incorporate subsection (1) as a term of the contract, or

(b)are within Schedule 9 (whether or not they incorporate subsection (1) as a term of the contract),

and section 20 provides that those subsections must be incorporated, and must not be incorporated with modifications.