Ending Contract
Under the Renting Homes (Wales) Act 2016, the process for ending a tenancy (occupancy contract) depends on the type of contract you have and the specific grounds you wish to use for termination.
Here's an overview of how contract holders can end their tenancy under different circumstances:
- Fixed-Term Standard Contract:
If you have a fixed-term standard contract, the tenancy will end automatically at the end of the fixed term. There's no requirement for you to give notice to end the tenancy, as it will conclude as agreed in the contract. However, you and the landlord can agree to renew the tenancy for another fixed term if both parties are in agreement.
- Notice to End a Standard Contract:
If you have a standard contract that has turned into a periodic contract (rolling month-to-month), you can end the tenancy by providing written notice. You need to give notice equivalent to the length of one period of the tenancy. For example, if your rent is paid monthly, you would generally need to give one month's notice.
- Grounds for Termination:
If you wish to end the tenancy before the fixed term is over, you must rely on specific grounds outlined in the Renting Homes (Wales) Act 2016. These grounds might include:
- The landlord's breach of obligations
- You're moving into a care home
- You're being rehoused by a public authority
- The property is needed for occupation by a minister of religion
- The property is needed for a student
- The property is to be used for work purposes
- The property is for sale and vacant possession is required
For each of these grounds, specific procedures and notice periods apply. The notice periods can vary based on the circumstances, and some grounds might require longer notice periods than others.
This term means that if the landlord and contract-holder agree to end the contract, the contract ends when the contract-holder leaves their home in accordance with what has been agreed. However, if the contract-holder does not leave their home on the agreed day a ‘substitute contract’ is automatically made, and the old contract is said to have ended on the day before occupation date in the substitute contract. A substitute contract is one which covers the same home as the original contract and the contract-holder is the same person.
This term means that if the landlord commits a ‘serious breach of the contract’ that justifies the contract-holder immediately ending the contract, the contract ends as soon as the contract-holder leaves their home. A ‘serious breach of contract’ might include, for example, failing to carry our repair work, which causes a risk to the contract-holder’s health and safety.
There are five terms in the model written statement relating to ways in which a contract-holder can end a contract.
If the contract-holder has not received a written statement of the occupation contract and the occupation date has not yet been reached, this term allows the contract-holder to end a contract by giving the landlord notice that they are ending the contract (and the landlord must return to them any deposit or rent they have already paid).
Contract-holder’s notice
Contract-holder’s notice: minimum notice period
Termination of contract on contract-holder’s notice
Under these terms, a contract-holder is allowed to end a contract by giving the landlord four weeks’ notice. If the contract-holder leaves their home on or before the date specified in the notice, the contract ends on that date. If the contract-holder stays in their home after that date, the contract ends on the date that they leave their home, or, if a court makes an order for possession, on the date which is decided under term relating to the Effect of order for possession. If the contract-holder’s notice is withdrawn and the landlord does not object, the contract does not end.
If there are joint contract-holders, this term means that they would all have to act together to end the contract. As a result, if one contract-holder does not agree to end the contract, the contract doesn’t end.