Living Merthyr Tydfil

What happens if my Landlord has served me with a Notice?

If your Landlord has served you with a Notice it means they wish to regain possession of the property. Your Landlord will need to serve a notice on the correct form for the reason they are serving notice with in the Renting Homes (Wales) Act 2016. Please note that your landlord can serve a "No Fault" notice to have their property back and for example may do so when they wnat to sell the property.

How do I know if the Notice is legal?

A Notice is only valid if it is served on the correct form for the reason for the eviction. Your Landlord is also required to be registered with Rent Smart Wales Welcome to Rent Smart Wales - Rent Smart Wales (gov.wales), and be able to evidence that any bond paid was paid into a Tenancy deposit scheme.  

For further information to check if your notice is valid please visit - Eviction - Shelter Cymru

What does the court do?

Your landlord will be able to apply to court after a valid notice has expired, the form your notice has been served on will state how much time your landlord has to apply to court to procede with the eviction. 

You are able to remain in the property until a court grants an order for possession and sets the final date that you may occupy the property. Whilst you can remain in the property until then it is recommended to take reasonable steps to save the tenancy if it can be saved for example in the case where there are rent arrears or to seek and secure another property either through the Living Merthyr Tydfil housing register or through finding a private rental property with a Rent Smart Wales registered landlord. 

The Courts will decide whether it is reasonable to grant an Order for Possession. Depending on the reason you have been serve notice you may have a case to argue and you can obtain further support and advice on this from Early Intervention Housing Officers based in the Town Centre Hub. 

 

What are grounds for possession my landlord can use and how much notice will I get?

The grounds for possession that Landlord can apply for possession are in the Renting Homes (Wales) Act 2016. 

Section 205 of the act states - 

(1)The court may make an order requiring the contract-holder under an occupation contract to give up possession of the dwelling only on one or more of the grounds in—

(a)section 157 (breach of contract);

(b)section 160 (estate management);

(c)section 165 (contract-holder's notice: secure contracts);

(d)section 170 (contract-holder's notice: periodic standard contracts);

(e)section 178 (landlord's notice: periodic standard contracts);

(f)section 181 (serious rent arrears: periodic standard contracts);

(g)section 186 (landlord's notice in connection with end of fixed term);

(h)section 187 (serious rent arrears: fixed term standard contracts);

(i)section 191 (contract-holder's notice: fixed term standard contracts);

(j)section 199 (landlord's notice: fixed term standard contracts).

 

Can you still help me if my landlord is applying to court for possession?

Yes of course - During your assessment an Early intervention Housing officer based at the Town Centre Hub or Housing Solutions Officer will also discuss the Court process and what to expect. They will give you advice on how to secure alternative, affordable accommodation in case you do have to leave your current home.

 

If you wish to have independent advice click here