Which possession proceedings?

Have the contract holders served notice to end their contract and then failed to move out?

Answer:

As indicated in the question, contract holders can serve notice to end their contract during the periodic contract but not during the fixed term.  Note that we are talking here about a notice to end the contract for all contract holders – not a notice from an individual contract holder to end their own contract.

There is the right for contract holders to withdraw the notice, although the landlord can object to this (for example if he has already found another contract holder or requires the property back).  However, if you want to object to contract holders withdrawing their notice you should do this asap.

If the notice has not been withdrawn (or if it has been withdrawn and you have reasonably objected) you can go to court for a possession order.  To do this you need to serve a notice first (which needs to be the prescribed notice) which must be served within 2 months of the expiry of the contract holders notice.

Proceedings can be stated the day after your notice has been served or must be issued within the following 6 months.

Landlord Law members will find a  FAQ here.

Note that the old Distress for Rent Act which allows landlords to charge double rent in these circumstances no longer applies in Wales.