Occupation contracts can be ended in several ways. A contract holder can also end a contract at any time before they are given the written statement or occupation date. This needs to be given in writing and is effective as soon as it is given. Landlords can also make a possession claim if they were induced to make an occupation contract based on false information. This is treated as a breach of the occupation contract.
Restrictions on serving notices
There are restrictions that prevent a landlord from being able to serve notice to end a periodic or fixed term standard contract:
- A landlord has not provided a written statement at the start of the occupation contract.
- A landlord is aware of the contract holder identity changing but has not issued a written statement.
- The landlord has breached the security/deposit requirements.
- The landlord is not registered with and does not meet the licencing requirements for rent smart Wales.
- The property is a House of Multiple Occupation (HMO) and it is unlicensed.
- The landlord has failed to provide an Energy Performance Certificate (EPC).
- The landlord has failed to ensure the property has a working smoke alarm and carbon monoxide alarm fitted.
- The landlord has failed to comply with the electrical safety requirements.
- The landlord has failed to comply with gas safety regulations.
Until the restriction is rectified no notice can be served.
Contract holder ending contract
There needs to be a minimum of four week's notice for a contract holder to end their contract.
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Abandonment
A landlord can treat a property as abandoned if it appears the contract holder is no longer residing there.
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Death of sole contract holder
The occupation contract will end when the sole contract holder dies, depending on occupants, rules of succession may apply.
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Ending a fixed term contract
There are a set circumstances for ending a fixed term standard contract which you can read here.
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No fault notice for a periodic contract
Previously referred to as section 21 notices this type of notice is now served using section 173.
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Breach of contract
This notice can only be served if the landlord can prove a breach of contract has occurred.
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Reasonableness
When making a possession claim to court after an expired notice, they will consider the reasonableness of the order.
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