The Renting Homes (Wales) Act 2016, has seen many law changes including what you need to know about “Evictions”.
Martine, our Head of Lettings highlights below what you need to know:-
Landlords will no longer be able to evict a Contract-Holder simply because they have complained about the condition of the property.
Where a landlord has given a landlord’s notice and makes a possession claim under the term of a periodic Standard Contract or landlords’ break clauses in a fixed term Standard Contract, the court may choose not to make a possession order if it considers the claim to be a retaliatory claim.
Retaliatory in this context meaning a possession claim made by the landlord to avoid their obligations relating to repair of the dwelling and keeping it fit for human habitation under the terms of the Occupation Contract.
A possession order may be considered retaliatory by the court if the Contract-Holder has enforced their landlord’s obligations to keep the dwelling in repair and fit for human habitation, and the court believes that the landlord made the possession claim to avoid complying with those obligations.
Where the court is satisfied the landlord has not complied with their obligations, and the landlord has issued the possession claim to avoid complying with them, it may treat the possession claim as discretionary, not mandatory and therefore may refuse to make an order for possession.
Do you need advice with regard to letting your property, please call our lettings team on 02920 614411.