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Property & Housing Solicitors

This is dependent on where in the UK the property is based.

If the property is based in Wales, then you must either serve a RHW20 (breach of contract serious rent arrears), or a S173 notice. Other breaches you need to use the RHW23 notice.

The notices in Wales will rely upon the contract between you and the contract holder and whether you have all the necessary documentation you need in place to serve that notice.

Preparation helps reduce the likelihood of successful challenges from tenants and helps to streamline the process of repossession.

It is also dependent upon whether you have a potential counterclaim (set off) against you for failing to comply with any of the legislative documents.

It is also dependent on your specific requirements (e.g. Do you want to return to live in the property? Do you want to sell the property?). Your requirements will be specific to your own needs.

If the contract holder is more than 2 months in arrears in Wales, you should serve a RHW20, but be careful of setoffs against you, as many contract holders raise last minute claims (e.g. disrepair or failing to register a deposit).

The following are just some of the documents you will need to have in place:

• A gas safety certificate that must be in place for the duration of the occupancy
• A valid Energy Performance Certificate (EPC)
• An electrical safety report
• You must be registered and hold a licence with Rent Smart Wales.

In addition to this, you must ensure that your property is fit for habitation (outlined in the Renting Homes (Wales) Act) and that any bond has been registered in time and the prescribed information has been served.

Apart from the RHW20, you cannot serve a notice in the fixed term.

In England:

Please note the new Renters Rights Bill will possibly change the following advice:

You can serve a S8 for a breach of the tenancy. The S21 notice will not be available to Landlords once the new act comes into force. Instead, there will be more grounds for a Landlord to rely upon in the new S8 notice.

It will make it a lot harder for Landlord to gain possession of properties in England, so if you need to obtain a possession order, it should be dealt with before the new act comes into force.

The notice period of a Section 8 notice will increase; you will not be able to obtain possession within the first 12 months, without specific grounds (e.g. serious rent arrears, which will increase from 2 months to 3 months’ rent arrears, and if there is repossession).

Again, as per Wales, it is important that all the regulatory matters are attended to before the notice is served. Such regulatory matters include (but are not limited to):

• Serving a how to rent guide
• Making sure the gas certificates are updated every year
• That no improvement notice is outstanding
• That the deposit has been registered and the prescribed information has been served.
• There is an EPC and an electrical report available that is in date.

Obtaining possession in England and Wales is very challenging and there are many pitfalls along the way. If you are looking to recover possession in England or Wales, it is important that you seek expert advice. We strongly advise you not to rely on the information we have provided because of the speed of change in housing legislation and case law, and the fact that we cannot cover your circumstances (and each landlords circumstance will vary from another). We are happy to discuss how we can help you in our 10-minute free chat, or we can check your documents to ensure you will be compliant, and what is the most appropriate notice for you to serve, in our £150.00 checking service. If we have completed this, our notices will be served for only £50.00 plus vat per tenant.

We understand how frustrating this situation can be and how it can impact your finances and, in some cases, your mental health. As landlords ourselves, we are dedicated to recovering rental income as quickly and effectively as possible.

We have an excellent track record in rent recovery and obtaining possession when a tenant (contract holder in Wales) fails to meet their rental obligations.

You can issue a notice for serious rent arrears (S8 in England, RHW20 in Wales). If you already have a judgment order, you can enforce that order against the tenant. Enforcement options include:

• A third-party debt order to freeze a bank account
• A bailiff or sheriff recovering goods equivalent to the debt
• An attachment to the tenant’s earnings
• Serving a statutory demand

However, it's crucial to take a step back and consider whether the tenant has any potential claims they might use to offset the rent owed. Sometimes, exploring alternative options to regain possession may prove more beneficial than focusing solely on serious rent arrears.

Similarly, when considering enforcement options, it's important to evaluate which approach is appropriate and whether it merits your investment to recover the debt. We adopt a practical and commercial approach, collaborating with you to make informed decisions. We do not proceed with a careless approach to the outcome, we always ensure that we do our very best to obtain the most effective outcome for you.