Section 21 abolished in Wales — Occupation Contracts since December 2022
Section 21 was abolished in Wales from 1 December 2022 when RHWA 2016 came into full effect — over 3 years before England's RRA 2025 abolition. All Welsh residential tenancies since 1 December 2022 are Occupation Contracts. All existing ASTs automatically converted to Periodic Standard Contracts on 1 December 2022. Section 8 (Housing Act 1988) grounds do not apply — Welsh landlords must use RHWA 2016 procedures. Every Occupation Contract must have a written statement (equivalent of tenancy agreement) provided within 14 days of the contract commencing.
- Section 21 abolished in Wales since 1 December 2022 — over 3 years before England's RRA 2025
- All Welsh residential tenancies are now Occupation Contracts (not ASTs)
- Section 8 (Housing Act 1988 Schedule 2 grounds) does NOT apply in Wales — use Schedule 8 RHWA 2016
- Written statement mandatory within 14 days — failure: up to 2 months' rent compensation to contract-holder
- Rent Smart Wales registration and licensing mandatory for all Welsh landlords
No-fault possession — Section 173 notice (6 months' minimum)
A Welsh landlord wishing to end a Periodic Standard Contract without fault grounds must serve a Section 173 RHWA 2016 notice giving at least 6 months' notice. The Section 173 notice cannot be served within the first 6 months of a Periodic Standard Contract — earliest no-fault possession: month 13 of a periodic contract. For a Fixed Term Standard Contract, a Section 173 notice must still be served with at least 6 months' minimum notice before the fixed term expires. If no Section 173 notice is served, the fixed term converts to a Periodic Standard Contract on expiry.
Fault-based possession — Schedule 8 grounds (including mandatory serious arrears)
Schedule 8 RHWA 2016 contains the fault-based grounds for possession:
- Ground A (mandatory — serious rent arrears): at least 2 months' arrears at notice AND at hearing; 14 days' notice; court MUST order possession — no discretion; fastest Welsh possession route for rent arrears
- Ground B (discretionary — persistent late payment): pattern of persistent late payment; 1 month's notice; court considers reasonableness
- Ground C (mandatory or discretionary — anti-social behaviour): varies by severity; mandatory for Schedule 2A RHWA 2016 serious conduct
- Landlord occupation (discretionary): landlord genuinely intends to occupy as sole or principal home; 6 months' notice; court considers reasonableness
- Ground A — arrears must remain at 2 months or more at hearing: if tenant pays down arrears below 2 months before the hearing, mandatory Ground A fails
Unlawful eviction — Section 157 RHWA 2016 and criminal liability
A contract-holder unlawfully evicted from a Welsh Occupation Contract is entitled to compensation under Section 157 RHWA 2016 plus potential criminal liability under the Protection from Eviction Act 1977. Common errors: serving a Section 21 notice (invalid — abolished in Wales); serving a Section 8 notice (invalid in Wales — use Schedule 8 RHWA 2016 procedure); failing to give 6 months' Section 173 notice for no-fault periodic possession; changing locks without a court order. Non-compliance with Rent Smart Wales may affect the validity of possession notices in Welsh courts.