How does a landlord evict a tenant with a Section 21 notice in Wales?

The landlord will need to complete a Section 21 notice if the tenancy began after 30th September, 2015, or was renewed after that date. If this is not the case, the landlord may write the Section 21 notice. If the tenancy is a periodic tenancy, the landlord will need to explain that the notice is being given under Section 21 of the 1988 Housing Act. All Section 21 notices must give the tenants no less than two months’ notice to vacate the property. If it is a periodic tenancy, the landlord is required to allow the tenants to stay for any extra time covered by the final rent amount that has been paid. The landlord needs to show that the tenants were given the notice.

This can be done by either:

  • completing the certification of service form (N215); or
  • writing “served by (write your name) on (the date the Section 21 was given)” on the notice.

If the tenants fail to vacate the property on the specified date, the landlord may use the N215 or apply for an accelerated possession order. An acceleration possession order may be used if the tenants have failed to vacate the rental property by the specified date written on the Section 21 notice, and when unpaid rent is not being claimed. The benefit of using the process of accelerated possession is that often it is faster than standard possession and a court hearing is not required.

As soon as you have filed your application with the court, a copy will be passed on to the tenants giving them 14 days to file a response. After that, a possession order will be usually issued by the judge. However, if a reasonable challenge is raised by the tenants, or if there are mistakes on the form, a court hearing might be scheduled to deal with it. It costs £355.