Q&A - How can I regain possession of my cottage in North Wales?

Q:  I made a verbal agreement with my granddaughter that she could move into my property, which is located in North Wales, as long as she made a payment in respect of rent each month. However, over the past 18 months she has made only 3 payments for rent and despite me asking her to move out of the property she is refusing to do so.

The last thing I want is to bring legal action against my own granddaughter but I need her out so that I can let the property to someone who is going to pay rent as I need the income. How can I obtain possession of my property?

A:  Despite you only having a verbal agreement with your granddaughter, the fact that some rent has been paid means that the courts will consider that there is an Assured Shorthold Tenancy in place.  Therefore, a valid notice seeking possession needs to be served. 

As the property is located in Wales, you also need to ensure that you are a registered and Licenced Landlord with Rent Smart Wales. If you are not registered or licenced, then any notice that you serve will not be valid. This is also important if you are planning to re-let the property. 

Once you are registered and licenced, then you will be able to serve either a section 21 or a section 8 notice.  There are benefits to both types of notice and instances where you may only be able to serve one of these notices.  The rules involved with each notice can be complicated and so advice from a Solicitor who is experienced in Landlord and Tenant matters should always be consulted.

If the tenant has not vacated when the notice has expired, possession proceedings would need to be issued at a County Court.

Article 23/12/2019

Sophie Bebbington

Sophie Bebbington

Legal Executive

Sophie Bebbington is part of the Accident & Injury, Dispute Resolution & Debt Recovery team at our Wrexham office.