Which possession proceedings?

Is the property in a proper condition?

There are a number of fundamental terms which must be included in all Welsh occupation contracts which put limits on when you can serve a no-fault notice.  Some of these have already been discussed.  Others relate to the condition of the property.  They can be found in terms 69 and 70 of the Welsh Model Contracts and provide that no notice can be given when

• The dwelling is ‘unfit for human habitation’ under the Welsh fitness for human habitation regulations.
• The required smoke alarm and carbon monoxide alarms have not been fitted

The landlord must also do any work required by the gas safety and electrical reports, which must be obtained (discussed in a previous section).

Landlord Law members can read about the requirements regarding the property condition in this article.

Note also that contract holders will have a defence under the ‘retaliatory eviction’ rules if they can show that the landlord is evicting them because they asked him to comply with his statutory obligations to keep the property in repair and fit for human habitation.

Landlord Law members can find out more about this and how to prevent it from happening in our FAQ here.