Changes to Notice Periods for Serving a Section 8 Notice

Evictions in Wales

The use of the current 6-month minimum notice period for serving (most) possession notices in Wales is being extended until 30 September 2021. This extends the temporary legislation enacted arising out of the coronavirus pandemic and affects evictions in Wales.

The notice periods have been lengthened temporarily during the current pandemic to protect residential tenants. This temporary period was due to expire on 30 June 2021. It has now been extended to 30 September 2021.

If you are a landlord in Wales, you will need to give 6 months’ notice to serve a section 21 notice until 30 September 2021.

When serving a section 8 notice, many of the grounds set out in Schedule 2 of the Housing Act 1988 currently require a 6-month notice period to be given (due to the temporary extension) and this will continue to apply until 30 September 2021.

Shorter periods are permitted for certain Section 8 claims where the grounds relate to the tenant’s anti-social behaviour (nuisance, annoyance or criminal activity) and domestic violence.

The minimum notice periods for serving possession notices are being dealt with differently in England where the notice periods have recently been reduced but are still longer than they were pre-pandemic. It is important that you familiarise yourself with the current requirements so that your possession notice is validly served.

The Guidance on Section 8 and Section 21 Notices, Section 21 Notice Seeking Possession (Wales) and Section 21 Notice to Terminate an Assured Shorthold Tenancy (Wales) are being amended, and these will be available once the changes come into force on the 30 June 2021. These changes affect evictions in Wales, landlord and agents must ensure they are aware of these extensions. 

In order to serve a Section 8 or 21 notice, the landlord or agent serving the notice must hold a license from Rent Smart Wales.