No-fault evictions- rights of tenants under the Renting Homes (Wales) Act
Holly Jones (Student)
England is currently in a period of reform with the Renters Rights Act 2025, where rights of renters will be greatly improved in May next year. No-fault evictions will be abolished after this point. However, renters in Wales already have some increased protection in comparison to renters in England, therefore renters in Wales should be aware of their rights.
What are no-fault evictions?
A no-fault notice is the first step your landlord must take to make you leave your home. These ‘no-fault evictions’ were previously governed under section 21 of the Housing Act 1988, and you may have heard them being referred to as section 21 notices. Now, they are governed by section 173 of the Renting Homes (Wales) Act 2016. They have been dubbed ‘no fault evictions’ as the landlord does not need a reason to evict you when serving these notices.
How are my rights different in Wales?
Under the Renting Homes (Wales) Act 2016, Wales has increased the notice period for no-fault evictions to 6 months. While this does apply to most standard occupation contracts, there are some circumstances in which the law only requires a 2-month notice period in Wales, such as if you are a student renting from your university, or if you are a member of the police force or fire service and they provide your home.
Also, landlords are not usually allowed to serve those with a standard occupation contract (those who have a 6-month notice period), a no-fault notice within 6 months after the standard contract begins.
Why does this matter?
In England, under section 21 of the Housing Act 1988, the minimum notice period a landlord can give you for a no-fault eviction is 2 months, however some tenants may have a right to a longer notice. This is very significant for renters in Wales to be aware of, as the minimum period is 4 months more than in England. When in a situation where you are aware you will be losing your tenancy, time is of the essence, and 6 months may be the difference for renters to find somewhere else to reside.
How do I know if my landlord has complied with the law if I am served a no-fault notice?
Before a landlord can serve you a no-fault notice, there are many regulations they must comply with. For example, if your landlord is not registered with Rent Smart Wales or has not done the necessary safety checks for your property, they do not have the right to serve you with a no-fault notice.However, even if none of the restrictions on landlords to serve a no-fault notice apply to your situation, there are still regulations your landlord must comply with on how they serve you a no-fault notice.
There are three stages to a no-fault notice. The first step involves the notice your landlord provides you with. This must be written and must specify how long before they can start court action. The second step is court action, as your landlord must apply to court to get a possession order to evict you. They can only do this after the date stated in the notice. The final step will only apply if you have not left on the date the possession order says you should. In this situation, your landlord must arrange for a county court bailiff to evict you. You can only be evicted by bailiffs with an eviction warrant. If anyone tries to force you to leave your home without following this process, it is likely to be an illegal eviction.
How ³ÉÈËVRÊÓÆµ Legal Advice Clinic can help you
If you have been evicted without the sufficient notice period, you do not believe your landlord has the right to serve you with a no-fault eviction, or you believe your landlord did not follow the required steps to serve you a no-fault eviction, we can help you at ³ÉÈËVRÊÓÆµ Legal Advice Clinic. We will be able to explain the steps you can take, and what options are available for you going forward. Please contact us at 01248 388411 or email bulac@bangor.ac.uk to make an appointment.
If you have nowhere to stay, please contact your local council for emergency housing or a night shelter first.