Ending a Tenancy - Rent Act Tenancies

Some types of tenancy do not fall within the statutory code set up by the Renting Homes (Wales) Act 2016, and different rules for possession apply in these cases. These are mainly tenancies protected under the Rent Act 1977 and contractual tenancies (e.g. residential lettings to companies). These can be complex, and a landlord should obtain specialist legal help.

Rent Act tenants are challenging to evict, as they have long-term security of tenure. Generally, they can only be evicted if they are in arrears of rent or if suitable alternative accommodation is provided for them.

If a Rent Act Tenant Is in Arrears of Rent

It is possible to bring proceedings for possession based on nonpayment of rent. In bringing these proceedings, there is no need to serve any form of notice on the tenant first (although it is advisable to warn the tenant that possession proceedings are imminent if they do not pay). However, the judge has the power to suspend or stay the order as they think fit.

If a Rent Act Tenant Is Not in Arrears of Rent

The only other eviction ground that has any chance of success is suitable alternative accommodation available to the tenant. Note that the housing must be on a protected tenancy (which will be if the suggested accommodation is to be provided by the same landlord) or equivalent (if provided by another landlord). Offering a tenancy on an occupation contract basis will not be sufficient.

There is a lot of case law on ‘suitable alternative accommodation’, and a landlord considering using this ground is advised to seek legal advice, certainly before buying any replacement property.