Which possession proceedings?

Is the contract holder in arrears of rent of at least two months or eight weeks worth?

Answer:

This level of arrears will allow you to use the mandatory rent arrears ground for possession.  Although, if the contract is periodic with a period of three months or more, the arrears must be three months’ worth of rent.

There is a prescribed form which must be used, and the notice period is not less than 14 days.  When bringing proceedings, make sure you use the court forms for Welsh claims.

Landlord Law members will find a FAQ here.

Note that in view of the time it takes to bring a claim and recover vacant possession (and bearing in mind that tenants who are being evicted normally stop paying any rent), you may want to first consider helping the tenants sort out their finances and source grant aid.

Our Helping Tenants in Arrears Kit can help.

Be aware that tenants often defend rent arrears claims on the basis that the landlord owes them money – for example, compensation for the poor condition of their property or the penalty due if the landlord failed to protect the deposit.  These issues can make your claim more time-consuming and expensive, and you could end up losing the case altogether and being ordered to pay money to your tenants!

These issues are discussed in some detail in our members-only step-by-step eviction guide.