Which possession proceedings?

Abandoned properties

Unlike in England, the Renting Homes (Wales) Act 2016 provides a procedure landlords can use to recover possession of their properties where it has been abandoned without having to go through the courts.

However, this is conditional upon the occupation contract containing a term requiring contract holders to live at the property as their only or principal home.  This clause is not in the Welsh Model Contracts which is another reason not to use them.

The term is included in the Landlord Law Welsh contracts (and should be in all professionally drafted occupation contracts).

The abandonment procedure requires landlords to serve the proper prescribed forms and also make enquiries to satisfy themselves that the property has in fact been abandoned.

Contract holders have six months to apply to court if they want to challenge the landlord’s repossession of the property using this procedure.

Note also that s224 of the act provides that landlords have a right to enter the dwelling, provided they reasonably believe it has been abandoned, in order to make it safe and secure.

Landlord Law members will find further details on the abandonment procedure and links to the forms in the   FAQ here.

See also the FAQ here on the new rules regarding possessions left in abandoned property.