Which possession proceedings?

Answer:

If the tenancy pre-dated 1 December 2022 when the new rules came into force, it will have converted on that day to an occupation contract.

The terms and conditions of the occupation contract would have been an amalgam of the prescribed terms which now apply to Welsh occupation contracts and the terms and conditions of the original tenancy.

Landlords were required to create a written ‘conversion statement’ of the combined terms and conditions and served this on contract holders before 1 June 2023.

Regulations provided that any new contract signed between 1 December 2022 and 1 June 2023 would take effect from 1 June 2023.  So even if you had got occupiers to sign a new contract (a ‘substitute contract’) before then, this would not take away the requirement to serve a conversion statement.

Limitation on bringing no-fault evictions or using break clauses

If the written statement of conversation statement has not been served on contract holders, then landlords will be unable to serve a valid no-fault possession notice under s173 of the Renting Homes (Wales) Act 2016 (the Act) or serve notice under a break clause until six months after the written statement has been provided to the contract holders.

This is provided in s12A of   Schedule 12 of the Act.

Landlords who are in this position, will need to draft up their conversation statement and serve it.  Note that Landlord Law has a detailed guide on how to do this which is available to  members.

It is not possible to provide a ‘template’ that can be used easily as the terms of YOUR conversion statement will depend on the terms of your original contract.  Which will vary.