Form RHW8: Extended Possession Claim Against the Sub-Holder
Form RHW8 is an essential legal document used under the Renting Homes (Wales) Act 2016. It is designed for landlords in Wales who need to make an “extended possession claim” against a sub-holder—a person who occupies the dwelling under a sub-occupation contract granted by the main contract-holder.
form reflects the changing regulatory environment in Welsh housing law, which places significant emphasis on clarity, procedural fairness, and transparency.
Let us explore in detail what Form RHW8 is, what it is used for, and when landlords should consider using it.
Understanding the Context of Renting Homes (Wales) Act 2016
Before delving into Form RHW8, it is useful to understand the legal context in which it sits. The Renting Homes (Wales) Act 2016 introduced sweeping reforms to residential tenancies in Wales.
Under this legislation, the traditional notion of “tenancy” was replaced with “occupation contracts.” There are two main types of occupation contracts:
Secure occupation contracts (typically used by community landlords, such as councils or housing associations).
Standard occupation contracts (typically used in the private rented sector).
An occupation contract can be sub-let or assigned under certain conditions. Where a contract-holder sub-lets part or all of the property, the sub-holder becomes an occupier under a sub-occupation contract. This layering of contracts creates complex legal relationships, particularly if possession is sought.
Form RHW8 is one of the tools provided to address these complexities, ensuring that landlords can recover possession in certain circumstances, even when a sub-holder is in place.
What is Form RHW8?
Form RHW8 is titled “Extended Possession Claim Against the Sub-Holder.” It is a prescribed form in Wales, meaning its use and wording are defined by law to ensure uniformity and fairness. It is used by a landlord to notify a sub-holder that the landlord is making a possession claim against them, not merely the main contract-holder.
The “extended” part of the name refers to the landlord’s ability to extend their possession proceedings beyond the primary contract-holder to include the sub-holder. This ensures that the landlord’s right to recover possession is not frustrated by the existence of a sub-occupation contract.
Purpose of Form RHW8
The primary purpose of Form RHW8 is to formally notify a sub-holder that the landlord is applying to the court for possession of the property, and that the possession claim includes them.
This prevents a situation where the landlord successfully evicts the main contract-holder, but the sub-holder remains in occupation without the landlord’s consent.
Form RHW8 therefore closes a potential legal loophole and supports the integrity of the possession process. It ensures that all relevant occupiers are included in the court proceedings, giving them an opportunity to respond but ultimately enabling the landlord to regain control of their property fully.
When Should a Welsh Landlord Use Form RHW8?
A landlord in Wales should consider using Form RHW8 when they meet the following conditions:
They have served a possession notice (for example, using a separate form like RHW16 or RHW17) on the contract-holder.
The contract-holder has created a sub-occupation contract with someone else (the sub-holder).
The landlord wants to recover possession of the dwelling from all occupiers, including the sub-holder.
Without using RHW8 (or following the correct procedure), even if the landlord obtains possession against the main contract-holder, the sub-holder might have a continuing right of occupation. This would mean the landlord cannot take effective possession of the entire dwelling.
RHW8 thus ensures the landlord’s possession claim includes everyone with an interest in occupying the premises under the chain of contracts.
Legal Effect of Serving Form RHW8
Serving Form RHW8 on the sub-holder formally involves them in the possession claim. It means:
The sub-holder is notified of the proceedings and their rights.
The court can make possession orders that bind the sub-holder.
The landlord can recover vacant possession of the property.
This prevents the sub-holder from claiming they were unaware of the landlord’s claim, or that they have a separate right to remain.
Form RHW8 aligns with the fairness principles in the Renting Homes (Wales) Act by ensuring all affected parties receive proper notice and have an opportunity to be heard in court.
How Should Form RHW8 Be Completed and Served?
Form RHW8 must be completed accurately. It will typically include:
The landlord’s details.
The sub-holder’s details.
The address of the dwelling.
Reference to the possession claim against the contract-holder.
Notice that the landlord is also applying for possession against the sub-holder.
Once completed, the landlord must serve the form on the sub-holder following legal requirements for service. This usually means delivering it in person, sending it to the last known address, or using any agreed method under the contract. Care must be taken to ensure that service is effective, as defective service can undermine the entire possession claim.
The Importance of RHW8 in Practice
For landlords, Form RHW8 is crucial because it ensures the recovery of full possession. Without it, landlords face the risk that even after removing the main contract-holder, the sub-holder remains in occupation. That can be costly, time-consuming, and frustrating.
Imagine a landlord who has a problematic tenant (contract-holder) who sub-lets a room without permission.
Even if the landlord wins possession against the tenant, the sub-tenant could argue they have rights under their sub-occupation contract. RHW8 ensures that both are included in the proceedings so that the landlord can recover the entire property.
The Role of Courts in Extended Possession Claims
After serving RHW8, the landlord applies to the court for possession. The court will consider the claim against both the contract-holder and the sub-holder. The sub-holder has the right to attend and defend the claim.
The court’s role is to ensure that the landlord’s rights are balanced with the sub-holder’s rights under the Renting Homes (Wales) Act. However, if the landlord has followed all procedures correctly—including serving RHW8—the court can grant a possession order that binds both the contract-holder and the sub-holder.
Common Situations Where RHW8 is Used
Several real-life scenarios illustrate why and when RHW8 is used:
A tenant sub-lets a room to another person without the landlord’s knowledge or consent. The landlord discovers the sub-let and seeks to end the contract with the tenant. RHW8 is needed to also remove the sub-tenant.
A landlord wants to recover the property for redevelopment or sale, but finds there is a sub-holder in occupation under a valid (or even invalid) sub-occupation contract. RHW8 ensures the sub-holder is also part of the possession claim.
A contract-holder stops paying rent and leaves but has installed a sub-holder who refuses to leave. The landlord uses RHW8 to include the sub-holder in the court process.
These examples show that RHW8 is not just a bureaucratic form but a practical tool for managing complex occupation arrangements.
Avoiding Pitfalls When Using RHW8
Landlords must be cautious and precise when using RHW8. Common mistakes to avoid include:
Failing to identify all sub-holders: A landlord must serve RHW8 on each sub-holder to ensure all occupiers are included.
Defective service: Incorrect service can result in the court refusing to grant possession against the sub-holder.
Incomplete or inaccurate information on the form: Errors can delay proceedings or result in dismissal.
Professional advice from solicitors or specialist housing advisers is often recommended, especially in complicated cases with multiple sub-holders or disputes over service.
Form RHW8 and Fairness to Sub-Holders
It is important to note that RHW8 is not merely a tool to help landlords. It also ensures procedural fairness to sub-holders. Under the Renting Homes (Wales) Act 2016, occupiers have rights that must be respected. RHW8 ensures sub-holders:
Are notified of the landlord’s intentions.
Have the opportunity to present their case in court.
Are not evicted without due process.
This balances the landlord’s right to recover possession with the sub-holder’s right to fair treatment.
The Wider Policy Goal of RHW8
The Welsh Government introduced forms like RHW8 to improve clarity and consistency in the private rented sector. The aim is to:
Make sure that all parties know their rights and obligations.
Prevent abuses where landlords or tenants try to circumvent the law.
Reduce disputes and litigation by setting clear procedures.
By mandating the use of RHW8 in possession claims against sub-holders, the legislation ensures transparency and accountability in the eviction process.
Professional Support for Using RHW8
Landlords are advised to seek professional help when dealing with RHW8. Solicitors, letting agents, and specialist housing advisers can:
Help complete the form correctly.
Advise on effective service.
Represent landlords in court.
Given the complexity of possession proceedings, such advice can save time, cost, and legal risk.
Conclusion
Form RHW8 is an indispensable part of the possession process in Wales under the Renting Homes (Wales) Act 2016.
It exists to ensure that landlords can recover possession not only from the main contract-holder but also from any sub-holders who might otherwise remain in occupation.
Serving Form RHW8 properly ensures all parties are included in the legal process, avoiding costly surprises for landlords and protecting the rights of sub-holders.
Welsh landlords should understand when and how to use Form RHW8 and appreciate its role in supporting fair, transparent, and effective possession proceedings. By doing so, they can navigate the evolving legal landscape confidently and lawfully.
FAQ
What is Form RHW8?
Form RHW8 is a legal notice used in Wales to include sub-holders in a landlord’s possession claim. It formally notifies a sub-holder that the landlord is applying to the court for possession of the dwelling against them.
When should a landlord use Form RHW8?
A landlord should use RHW8 when seeking possession of a dwelling that includes a sub-holder. This typically happens when a tenant (contract-holder) has sub-let part or all of the dwelling.
What happens if a landlord does not use RHW8?
If a landlord fails to use RHW8, they may obtain possession against the main contract-holder but not against the sub-holder, who may remain in lawful occupation.
How is Form RHW8 served?
It must be served according to legal requirements, such as delivering it personally or sending it to the last known address. Defective service can undermine the claim.
Can the sub-holder contest the possession claim?
Yes. The sub-holder has the right to respond to the claim in court and argue their case.
Why was RHW8 introduced?
It was introduced to close legal loopholes that could prevent landlords from fully regaining possession if sub-holders were left out of proceedings. It ensures fairness and procedural integrity.
Where can landlords get Form RHW8?
Form RHW8 can be obtained from the Welsh Government’s housing forms page or through legal and letting professionals.
Is professional advice recommended?
Yes. Given the complexity of possession proceedings and the importance of correct procedure, professional legal advice is strongly recommended.
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