MAKE YOUR FREE Section 21 notice for Wales

We are recommending that landlords suspend or delay evictions during the Covid-19 pandemic in line with Government Guidance. Due to Covid-19 there is uncertainty on when eviction proceedings will be allowed to recommence. The notice period you set out in this notice may be extended due to changes made by the Government in response to the pandemic. Failure to comply with this extended notice period may result in your notice being invalidated.

For use in Wales only.

In order to evict tenants in privately rented property in Wales, landlords and letting agents must follow the correct rules and procedures. This legal notice informs tenants that their tenancy is going to end and the landlord is going to enforce their automatic right to possession. Landlords should use this section 21 notice to gain possession of properties rented under an assured shorthold tenancy (AST). The correct use of a section 21 notice will help to ensure that a landlord takes possession of their property safely and legally.

Use this section 21 notice:

• for property let on an assured shorthold tenancy
• when you want to regain possession of the rented property where the tenant is not at fault
• where any tenant's deposit has been held correctly in a government approved scheme
• where the tenant has been given all the required prescribed information
• where the property is an HMO and has been properly licensed
• for properties located in Wales only

This section 21 notice covers:

• ending a tenancy let on an assured shorthold basis
• regaining possession of the rented property
• the last day of the tenancy
• how much notice is given to the tenant
• the date on which the tenant should vacate the property

A section 21 notice, also known as an 'eviction notice', a 'notice to quit' or a 'notice seeking possession' is a formal notification that the landlord wishes to regain possession of the property at the end of the tenancy. It's a common route for evicting tenants on a 'no-fault basis'.

Under the law you must serve a section 21 notice if you want to evict your tenants and regain possession of the property. Serving a section 21 notice is the first important step in the eviction process which must be followed.

The Act has increased the notice period required for section 21 eviction notices to six months during the ‘relevant period’. This refers to the period from 26 March 2020 until 31 March 2021 and may be extended by the Government.

This means that you must give the tenants at least six months’ notice. If the tenants don’t leave the property by the date specified in the notice, then you can apply to the court for a possession order. You can’t force your tenants to leave without a court order. 

From 27 March onwards, all eviction proceedings will be suspended until 20 September and the Government has urged landlords not to start or continue any eviction proceedings during this time without a good reason.

All tenants and licensees that are protected under the Protection from Eviction Act 1977 will be protected by the Coronavirus Act 2020. 

This includes most tenants in social housing and residential properties and some licensees, but excludes lodgers, holiday lets, and asylum seeker accommodations.

As all court proceedings have been suspended until the 25 June, you can’t begin or continue eviction proceedings unless you have a good reason. While eviction notices issued before the 27 March are not affected by the new notice requirement, eviction proceedings will be subject to the 90-day suspension. As such, you should be mindful of your tenants’ situation and can’t expect them to move out.

The section 21 notice period depends on the type of tenancy.

Please note that if you plan to serve the notice between 24 July 2020 until 31 March 2021, you must give the tenants at least six months’ notice under the Coronavirus Act 2020 regardless of the type of tenancy you're in.

If the tenancy is a fixed-term tenancy, you can only serve the notice during the fixed-term if there is a clause in the tenancy agreement allowing you to end the tenancy early (known as a 'break clause') or if the notice does not expire until after the fixed-term has ended.

If using a break clause, the notice must be sent 2 months prior to the break clause date (eg if there is a 6 month break clause, the notice can only be served at month 4).

If the tenancy is a periodic tenancy, you can serve notice any time as long as the notice is for the correct length of time and contains any other information which may be required by law.

From the 23 November 2016, all landlords must be registered and either have a licence or use a letting agent that is licensed with Rent Smart Wales. If you do not have a licence or are not registered with Rent Smart Wales, you will not be able to serve a section 21 notice.

Landlords must have also protected the tenant's deposit within a government-backed tenancy deposit scheme. If you haven't protected the deposit within 30 days of receiving it and provided the tenant with the prescribed information, then you will not be able to evict the tenant using this section 21 notice.

You must also ensure you have provided the tenant with an up-to-date gas safety certificate and Energy Performance Certificate (EPC) as this is a legal requirement.

You must also serve the notice at least two months in advance of when you want the tenant to vacate the property.

From the 1 September 2019, landlords must also return any ‘prohibited payments’ they have taken, to the tenant before they can validly serve a section 21 notice. Prohibited payments are any unlawfully charged fees and unlawfully retained holding deposits that the tenant paid for tenancies that started after the 1 September 2019.

The notice will be valid indefinitely. The only exception would be if the landlord does something to suggest that a new tenancy has been started (eg if the landlord agrees to a new tenancy agreement or an increase in rent).

You will not be able to use this section 21 notice until all the prescribed documents have been given to the tenant. Once they have been given to the tenant, then you can proceed with issuing a section 21 notice.

You must include all of the tenants' names and addresses into the section 21 notice.

Yes, if you took a deposit from the tenant prior to the start of the tenancy, you must have placed it in one of the three government approved schemes. If the deposit wasn't protected and the correct information wasn't given to the tenant, the section 21 notice will be invalid. For further information read Deposit protection schemes.

Ask a lawyer if:

• the property is not residential

• the property is located outside of Wales (eg in England where you should use Form 6A)

• the tenant's deposit wasn't protected