MAKE YOUR FREE Serious Rent Arrears Eviction Notice for Wales
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What is a Serious Rent Arrears Eviction Notice?
Serious Rent Arrears Eviction Notices are the formal communication that landlords send to contract holders to inform them about an intended possession claim. Possession claims are made through the courts to end an occupation contract and repossess a rented dwelling (ie property). The Renting Homes (Wales) Act 2016 (‘the Act’) allows landlords to make a court claim for possession of their dwelling if the contract holders are in serious rent arrears. A Serious Rent Arrears Eviction Notice has to be served on the contract holders before a claim is started.
For use in Wales only.
When should I use a Serious Rent Arrears Eviction Notice?
Use this Serious Rent Arrears Eviction Notice:
- if you want to end a fixed-term or a periodic standard occupation contract
- when the contract holder is in serious rent arrears
- for dwellings rented to private residential contract holders in Wales
Sample Serious Rent Arrears Eviction Notice
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SERIOUS RENT ARREARS POSSESSION CLAIM NOTICE
Landlord’s Notice of Termination of a Standard Contract Under Section of the Renting Homes (Wales) Act 2016
Notice date: .
| Landlord |
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| Contract Holder | . |
| Dwelling | , , Wales.
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Ground for Possession | This notice of the Landlord’s intention to apply to the court for an order of possession is based on the Contract Holder’s (your) serious rent arrears. |
The Landlord gives notice in accordance with section of the Renting Homes (Wales) Act 2016 to you, the Contract Holder, that they intend to seek possession of the Dwelling by making a possession claim to the courts after (the ‘Notice Expiry Date’) on the ground of serious rent arrears.
This Notice Expiry Date is such that a notice period of at least 14 days is created between the date this notice is served to the Contract Holder and the Notice Expiry Date.
The Landlord intends to pursue a possession claim via the courts to gain possession of the Dwelling if you do not give up possession of the Dwelling by the Notice Expiry Date specified above.
Information for Contract Holders
- This notice is a formal warning provided by your Landlord to inform you that they intend to apply to the courts for an order for possession. If you choose to give up possession of the Dwelling before the Notice Expiry Date this will not be necessary. The Landlord cannot apply to the courts until after the expiry of this notice (i.e. after ), which shall be no earlier than 14 days from the date of this notice. If the courts grant an order for possession this will legally require you to leave the property. Your landlord cannot lawfully evict you until such an order for possession has been obtained.
- Note that this notice cannot be used to end an introductory standard contract or a prohibited standard contract.
- If you have any questions about this notice and its contents you should first contact your Landlord to discuss your options. If this does not resolve your questions or issues, or for more information about your rights, you should obtain advice from Citizens’ Advice Cymru (citizensadvice.org.uk/wales/), Shelter Cymru (sheltercymru.org.uk/), or an independent legal advisor. If you feel you are at risk of homelessness as a result of this notice, contact your Local Authority for support. Note that court proceedings may be started quickly for this type of intended eviction. Therefore, you should consider seeking advice as quickly as possible if you do not intend to leave the Dwelling by the Notice Expiry Date.
About Serious Rent Arrears Eviction Notices
Learn more about making your Serious Rent Arrears Eviction Notices
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How to make a Serious Rent Arrears Eviction Notices
Making a Serious Rent Arrears Eviction Notices online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Serious Rent Arrears Eviction Notices you will need the following information:
Party details
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What are the landlord’s details (ie legal structure, name and address)?
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What is the contract holder’s name?
Eviction
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What is the address of the dwelling?
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What type of contract does the contract holder have?
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How often does the contract holder pay rent?
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On what date will this Notice expire?
The Notice
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What is the date of the Notice?
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Who will sign the Notice, the landlord or their agent? If relevant, what are the signatory's details?
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Common terms in a Serious Rent Arrears Eviction Notice
A Serious Rent Arrears Eviction Notice is used to end a fixed term or periodic standard occupation contract in Wales because the contract holder is in serious rent arrears. To do this, this Notice covers:
The Notice itself
The body of the Serious Rent Arrears Eviction Notice sets out specific details relating to the landlord, contract holder, dwelling and eviction. It also provides:
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the ground for possession (ie because the contract holder is in serious rent arrears)
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the legal basis for the eviction (ie the specific section of the Renting Homes (Wales) Act 2016 the contract holder is being evicted under)
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the notice period required for the Notice
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details of when the contract holder should vacate the dwelling
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details of the consequences that may follow if the contract holder does not vacate the dwelling after the date specified in the Notice
Information for contract holders
This section covers important information for contract holders that they should know about the eviction process for serious rent arrears. This includes information about what the Notice means, when it cannot be used and where more information and support can be found.
If you want your Serious Rent Arrears Eviction Notice to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Notice for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Serious Rent Arrears Eviction Notice
Ensure you’ve complied with the relevant laws
Residential property laws in Wales changed with the introduction of the Renting Homes (Wales) Act 2016 in December 2022. Not only have key terms and contracts changed, but contract holders are also awarded different protections than before, to ensure that they’re treated fairly. It is crucial that landlords familiarise themselves with the relevant laws and understand their rights and obligations. For more information, read Evictions in Wales FAQs, Repossessing property in Wales, Occupation contracts in Wales, Residential tenancies in Wales and Retaliatory evictions.
Make sure your Serious Rent Arrears Eviction Notice is valid
As a landlord, there are various things you can do (or fail to do) that can invalidate a Serious Rent Arrears Eviction Notice. Invaliding your Notice may not only delay the eviction process but can also result in penalties.
Before serving a Serious Rent Arrears Eviction Notice on your contract holder, ensure that the Notice is valid. Things you should consider include providing the correct notice period and serving the Notice correctly (eg delivering it correctly and to the right place). For more information, read the FAQ ‘When is a Serious Rent Arrears Eviction Notice valid?’.
Consider your contract holder’s situation
Serving a Serious Rent Arrears Eviction Notice on a contract holder without warning can be stressful. It is considered good practice to speak to your contract holder before serving them a Serious Rent Arrears Eviction Notice. For example, speak to your contract holder and let them know that you’re planning on sending a Notice and why.
If appropriate, discuss alternatives to eviction with your contract holder. For example, consider entering into a Rent repayment plan to help them repay the rent they owe you or making a new Occupation contract with more suitable terms.
Understand when to seek advice from a lawyer
If you have questions about how to make your Serious Rent Arrears Eviction Notice, you can Ask a lawyer for assistance. Also consider asking for advice if:
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you’re unsure what kind of occupation contract you have
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you have an introductory standard contract or a prohibited standard contract
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you are a community landlord
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this Notice doesn’t meet your specific needs
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you want to evict a tenant from a property located outside of Wales
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Serious Rent Arrears Eviction Notice FAQs
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What is included in a Serious Rent Arrears Eviction Notice?
This Serious Rent Arrears Eviction Notice template covers:
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identifying the landlord(s), contract holder(s), and dwelling (ie property)
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explaining to the contract holder the legal basis for the landlord’s eviction notice (including why they’re considered to be in serious rent arrears) and their intentions to repossess the dwelling
- explaining to the contract holder what their rights are and where they can seek advice on their situation
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signing provisions, including an option to sign via an agent
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What is serious rent arrears?
A contract holder is in rent arrears if they have not paid their rent on time. The Act sets out specific rules based on a contract holder’s rental period (ie how often they pay rent) for determining when an arrears is considered ‘serious’ for the purposes of eviction.
A contract holder is considered in serious rent arrears:
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if rent is paid weekly, fortnightly, or four-weekly - when at least 8 weeks’ rent is unpaid
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if rent is paid monthly - when at least 2 months’ rent is unpaid
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if rent is paid quarterly - when at least one quarter’s rent is more than 3 months in arrears
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if rent is paid annually - when at least 25% of the rent is more than 3 months in arrears
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When is a Serious Rent Arrears Eviction Notice valid?
Requirements that a Serious Rent Arrears Eviction Notice must meet to be valid include:
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enough notice has been given (ie at least 14 days) before the possession claim is started
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the Notice is correctly served (see the Make it legal checklist for more information)
Also note that, if the contract holder doesn’t leave the dwelling by the end of the notice period and you decide to start a possession claim via the courts, the claim must be made within 6 months of the Notice’s expiry date.
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How much notice must I give?
Landlords must always give at least 14 days’ notice to contract holders in a Serious Rent Arrears Eviction Notice.
It’s a good idea to give more notice to account for the time taken to serve (ie deliver) the Notice, as the notice period starts when the contract holder receives the Notice. For more information, read Repossessing property in Wales.
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What happens after I serve the Notice?
If the contract holder does not leave the dwelling by the date specified in the Notice (whether you gave the minimum period required or longer), the landlord may start a claim in the courts to repossess the dwelling after the end date of the Notice.
The court is required to grant an order for possession if it’s satisfied that:
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a valid Serious Rent Arrears Eviction Notice was served to the contract holder
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the contract holder was in serious rent arrears on the date the landlord gave them the Notice and they are in serious rent arrears on the date on which the court hears the possession claim, and
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no relevant human rights defences apply
You cannot evict a contract holder until an order for possession is obtained. The contract holder is legally required to leave the dwelling once an order is obtained. If they don’t, you can seek to enforce the order (eg using a bailiff). For more information, read Repossessing property in Wales.
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What if there are multiple contract holders or multiple landlords?
Occupation contracts may have multiple landlords. This Serious Rent Arrears Eviction Notice template allows you to provide the details of multiple individual landlords (eg if the dwelling is rented out by a couple who jointly owns it). All landlords should sign the Notice. If there are multiple corporate landlords, Ask a lawyer for advice.
Similarly, occupation contracts can also have multiple contract holders (known as joint contract holders). Your Serious Rent Arrears Eviction Notice should set out the names of all contract holders.
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When is this Serious Rent Arrears Eviction Notice inappropriate?
You should not use this Notice if your occupation contract is an introductory standard contract or a prohibited standard contract.
This notice also cannot be used for dwellings let in England or Scotland. If you have a tenant in serious rent arrears in England, you can use a Section 8 notice to start the eviction process. If you have a tenant in serious rent arrears in Scotland, Ask a lawyer for help making an eviction notice.
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