Notice of termination – Periodic Standard Contract with six months minimum notice period

Form RHW16 is a formal, prescribed notice under the Renting Homes (Wales) Act 2016.

Its title, “Notice of termination – Periodic Standard Contract with six months minimum notice period”, signals precisely what it is designed to do: allow a landlord in Wales to end a periodic standard contract by giving at least six months’ notice to the contract-holder.

In practice, RHW16 is the main no-fault notice that landlords can serve to terminate periodic tenancies that have no fixed end date.

It reflects the Welsh Government’s policy of providing strong security of tenure for tenants while allowing landlords to regain possession of their property, but only with significant advance notice and compliance with strict legal safeguards.

Unlike older Section 21 notices (abolished in Wales), RHW16 represents a clear move to protect tenants from sudden or retaliatory evictions, ensuring that landlords act fairly and within the law.

What Does Form RHW16 in Wales Do?

Form RHW16 provides a landlord with the legal mechanism to terminate a periodic standard occupation contract without alleging any fault or breach by the tenant.

It is explicitly a no-fault eviction notice. This means the landlord does not have to prove the tenant has failed to pay rent, damaged the property, or breached any term of the contract. Instead, they are simply required to give at least six months’ warning of their intention to recover possession.

It is important to understand that the use of RHW16 is strictly regulated. The Renting Homes (Wales) Act 2016 established this form to ensure tenants have long-term security while acknowledging landlords’ rights to recover their property for legitimate reasons, such as selling, renovating, or occupying it themselves.

Serving RHW16 does not automatically end the occupation contract on the notice date. If the tenant does not leave voluntarily, the landlord must apply to court for a possession order.

When Should Welsh Landlords Use Form RHW16?

Welsh landlords should use Form RHW16 only in very specific circumstances. It is the correct form when the tenancy has become a periodic standard contract. This is an ongoing contract with no fixed end date, which either began as periodic or was converted from a fixed-term to a periodic arrangement.

RHW16 is intended for situations where the landlord wishes to regain possession for non-fault reasons. These might include:

• Selling the property.
• Moving into the property themselves.
• Making substantial renovations.
• Changing the use of the property.
• Ending their involvement as a landlord.

However, landlords cannot use RHW16 if the occupation contract is:

• An introductory standard contract (typically used for new social housing tenants).
• A prohibited conduct standard contract (for tenants subject to anti-social behaviour proceedings).
• A fixed-term standard contract is still within its term (unless the term has rolled over into periodic).

Landlords also cannot use RHW16 in the first six months of any occupation contract. Even if a tenancy becomes periodic from the start (although this is rare), a minimum of of six months must pass before RHW16 can be used.

The Six-Month Minimum Notice Period

One of the defining features of RHW16 is the requirement for at least six months’ notice. This is a hard minimum—landlords cannot shorten it.

The notice must specify a date on which the contract is to end. This date must be at least six months after the date the tenant receives the notice.

This six-month requirement was a deliberate policy choice by the Welsh Government aimed at strengthening tenant security. It makes sure tenants have ample time to find alternative accommodation and avoids abrupt or destabilising evictions.

Legal Requirements and Conditions for Valid Use

RHW16 is only valid if the landlord has complied with all their other obligations under the Renting Homes (Wales) Act 2016.

Some of these obligations include:

• Providing a written statement of the occupation contract terms.
• Ensuring the deposit is properly protected in a government-approved scheme.
• Providing an Energy Performance Certificate (EPC) if required.
• Supplying a gas safety certificate and ensuring annual checks.
• Installing smoke alarms and carbon monoxide detectors as required by regulations.
• Maintaining the property in a fit state for human habitation.

Failure to meet these duties can make the notice invalid.

Furthermore, landlords must not serve RHW16 as a retaliatory eviction. If a tenant complains about the property’s condition and the landlord serves RHW16 instead of addressing the problem, the court may refuse possession on the grounds of retaliatory eviction.

Procedure for Serving RHW16

Serving RHW16 correctly is essential. Landlords should carefully follow legal requirements to ensure the notice is valid.

The notice must:

• Be in the prescribed Form RHW16 exactly as set by the Welsh Government.
• Include the landlord’s details, the tenant’s details, the property address, the date of service, and the date when possession is required (at least six months later).
• Be signed by the landlord or their authorised agent.

It must be served in a way that ensures the tenant receives it. Common methods include personal delivery, leaving it at the property in a secure manner, or posting it (ideally with proof of delivery).

Landlords should always keep clear records of how and when they served the notice.

Limits and Restrictions on Serving RHW16

The Renting Homes (Wales) Act 2016 introduced several restrictions on when RHW16 can be used.

Landlords cannot use RHW16 if:

• They have served and then withdrawn another RHW16 notice in the previous six months.
• The contract has been in force for less than six months.
• The contract is introductory or prohibited conduct standard type.
• They have failed to meet their legal duties (e.g. written statements, deposit protection, safety certificates).
• There is evidence that the notice is retaliatory, such as in response to tenant complaints about disrepair.

These restrictions ensure that landlords act fairly and transparently and that tenants are protected from abuse of the no-fault process.

What Happens After RHW16 Notice is Served?

If the tenant receives the RHW16 notice and the six-month notice period has passed, the tenant is expected to vacate on or before the specified date.

However, the notice itself does not automatically terminate the tenancy. If the tenant does not leave, the landlord must apply to court for a possession order.

The landlord has a limited window to do this. Typically, they must apply for possession within two months of the date given in the notice. If they fail to act within that period, they may be required to serve a new RHW16 notice and restart the process.

In court, the landlord must demonstrate that the notice was valid and properly served and that all statutory conditions were met.

Advantages of Using RHW16

For landlords, RHW16 provides a clear, legally established route to regain possession of their property without having to prove tenant fault. It offers certainty and predictability.

It also helps landlords plan their property management, for example, if they wish to sell, renovate, or move in themselves.

For tenants, the six-month minimum notice provides significant security of tenure, avoiding sudden evictions. It supports the policy aim of stable, predictable renting in Wales.

Challenges and Pitfalls for Landlords

Despite its advantages, RHW16 is not a quick or flexible option for eviction.

Some challenges include:

• The six-month minimum notice period can feel lengthy for landlords needing swift possession.
• Strict compliance requirements mean landlords must have all paperwork in order before serving notice.
• The risk of invalid notice if they fail to meet obligations.
• The possibility of tenants defending possession claims on grounds such as retaliatory eviction.

Landlords must plan carefully and make sure all legal duties are met before relying on RHW16.

Alternatives to RHW16

RHW16 is not the only notice available under the Renting Homes (Wales) Act 2016. Landlords must select the appropriate form for the specific contract type and situation.

Alternatives include:

• RHW18: For ending introductory or prohibited conduct, standard contracts.
• RHW20, RHW22, RHW23: For breach of contract notices, where the tenant has failed to meet obligations.
• RHW17: For specific cases where a two-month notice applies, such as converted periodic contracts with different transitional rules.

Choosing the wrong notice can lead to failed possession claims and wasted time.

Practical Advice for Landlords Using RHW16

Landlords considering using RHW16 should:

• Review the occupation contract carefully to confirm it is a periodic standard contract.
• Check the tenancy length to confirm six months have passed.
• Audit all compliance obligations to ensure that no documents are missing and that no safety issues are overlooked.
• Prepare the RHW16 form exactly as prescribed.
• Serve the notice in a legally recognised way with proof of delivery.
• Keep records of all steps taken.
• Be prepared to apply to court for possession if the tenant does not leave voluntarily.

Sound preparation can avoid costly mistakes or delays.

FAQ

What is Form RHW16 used for?

Landlords in Wales use Form RHW16 to end a periodic standard occupation contract on a no-fault basis by giving at least six months’ notice.

Can RHW16 be used for fixed-term tenancies?

No. RHW16 is only for periodic standard contracts. Fixed-term contracts require other procedures or must roll over into periodic first.

What is the minimum notice period?

Six months is the legal minimum. Landlords cannot shorten it.

Can a landlord use RHW16 in the first six months of a tenancy?

No. RHW16 cannot be served until at least six months after the contract starts.

What happens if the tenant doesn’t leave?

The landlord must apply to the court for a possession order.

What makes a RHW16 notice invalid?

Failure to meet landlord obligations (such as deposit protection or safety requirements), serving it too early, or serving it in retaliation for tenant complaints can all render it invalid.

Is RHW16 a no-fault notice?

Yes. Landlords do not have to prove the tenant’s fault to use it.

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