The notice period that landlords must provide in a Section 173 Notice depends on the type of occupation contract in question.
For a converted periodic standard occupation contract (ie a contract created automatically on 1 December 2022 when an existing periodic tenancy became a periodic occupation contract), at least 2 months’ notice must be given
For an occupation contract within Schedule 8A of the Act, at least 2 months’ notice must be given. Schedule 8A includes contracts that are only occupation contracts if the landlord notifies the contract holder that they are to be such before or at their commencement. This may include, for example, lodger agreements or holiday lets. It also includes:
prohibited conduct standard contracts
accommodation for higher education students, asylum seekers, or homeless persons
service occupancy (ie accommodation someone must live in as a requirement of their job)
certain types of temporary accommodation
For a periodic standard occupation that is neither of the above, at least 6 months’ notice must be given. This 6 month notice period will apply to most landlords’ situations.
If you’re unsure whether your occupation contract fits into one of the first two categories above, you could err on the side of caution and provide at least 6 months’ notice. Alternatively, Ask a lawyer for advice.
It’s a good idea to give more notice to account for the time taken to serve (ie deliver) the Section 173 Notice, as the notice period starts when the contract holder receives the Notice.
For more information, read Repossessing property in Wales and Evictions in Wales FAQs.