Which possession proceedings?

Have you served an occupation contract?

Occupation contracts are mandatory in Wales, and they must contain the correct terms.  Some of these are required and others can be changed, but only in certain circumstances.

Because of the number of prescribed terms which must go in Welsh contracts, they tend to be very long.

The Welsh government have published ‘model contracts’ but these should not be used unamended as they omit many clauses required by landlords – for example

• Requiring rent to be paid in advance (by default it is payable in arrears)
• Prohibiting pets
• Deposit clauses

Landlord Law members will find contracts that have been adapted to protect landlords on Landlord Law.

In order to use s173, the contract must also contain a clause provoding for this.  However, virtually all contracts do so, including the government’s model contracts.

If you have not given your contract holders an occupation contract, you must do this before you can use section 173.  But note that if your contract is provided late, section 173 cannot be used until after six months from the date the written contract is given.

Prescribed information

As well as providing a written contract, landlords must also provide information about their address, using the government-prescribed form.

Click next to find out more about the statutory obligations that must be complied with before using s173.