Notice of Termination – Periodic Standard Contract with Two Months Minimum Notice Period

Form RHW17 is an official legal document introduced under the Renting Homes (Wales) Act 2016.

It is designed to allow landlords to end a periodic standard occupation contract by giving at least two months’ notice. Unlike fault-based eviction notices, Form RHW17 is purely a no-fault notice, meaning the landlord does not need to prove that the tenant has breached the contract.

This form exists because Welsh housing law recognises that landlords may need to recover possession of their property even when tenants have not done anything wrong.

It seeks to balance that right with the tenant’s need for security of tenure by imposing strict rules on notice periods and service requirements.

When Should Welsh Landlords Use Form RHW17?

Form RHW17 must only be used when the occupation contract is a periodic standard contract that qualifies for a two-month minimum notice period. This is distinct from other forms and periods in Welsh housing law. Specifically, RHW17 is used when:

• The contract is periodic (e.g., weekly, monthly) and has no fixed term.
• The contract is neither an introductory standard contract nor a prohibited conduct standard contract (which uses alternative forms).
• The statutory or contractual rules permit a two-month notice instead of the standard six months.

The form is not suitable for tenancies where six months’ notice is required. Landlords need to carefully examine the nature of the tenancy before deciding which form is appropriate.

H3 What is a Periodic Standard Contract?

A periodic standard contract rolls continuously without a fixed end date. Typically, these contracts renew on a weekly or monthly basis until they are properly terminated by one of the parties. Under the Renting Homes (Wales) Act 2016, this type of contract provides tenants with significant security. However, landlords still retain the right to end it with notice, provided they follow the correct procedure.

Periodic standard contracts can arise in two ways:

• From the outset, if the landlord and tenant agree to a periodic arrangement.
• When a fixed-term standard contract ends and rolls automatically into a periodic one.

Legal Basis of Form RHW17

Form RHW17 is based on section 173 of the Renting Homes (Wales) Act 2016. This section grants landlords the right to serve a no-fault notice to terminate a periodic standard contract, provided they comply with the required notice period.

A landlord serving Form RHW17 must:

• Give at least two months’ notice.
• Ensure the notice is in the prescribed form.
• Serve the notice correctly, complying with the legal requirements.

The law intends to make the process transparent and consistent, preventing unfair or sudden evictions.

Who Qualifies for Two-Month Notices?

Not all tenants in Wales can be given two months’ notice using RHW17. Only certain types of contracts qualify, such as:

• Some converted contracts originated before the Renting Homes (Wales) Act 2016 came into force.
• Contracts in supported accommodation, student housing, service occupancies, or specific temporary arrangements.
• Contracts listed in Schedule 8A of the Act.

For many landlords, especially those with tenancies created after 1 December 2022, the standard minimum notice will be six months. This change was introduced to provide greater security to tenants, with exceptions made only for specific circumstances.

The Notice Period: How it Works

When using Form RHW17, landlords must ensure they give at least two months’ notice. This means the earliest date for possession must be two months from the day the notice is served.

Landlords also need to be aware of specific timing rules:

• For new periodic contracts, landlords cannot serve a notice within the first six months of occupation.
• For converted contracts, a four-month restriction may apply instead.

These safeguards prevent landlords from issuing a notice immediately after a tenant moves in, ensuring tenants have meaningful security of tenure.

Serving the Notice Correctly

Serving Form RHW17 correctly is essential. Errors in service can make the notice invalid and delay possession. Landlords must:

• Complete the prescribed form fully and accurately.
• Include the correct possession date (at least two months ahead).
• Serve it to the tenant using accepted methods (such as personal delivery, post, or other agreed-upon methods).

It is wise for landlords to keep evidence of service, such as postal receipts or signed acknowledgements.

Content of Form RHW17

Form RHW17 has specific required contents to be legally valid:

• The names of the landlord and tenant.
• The address of the dwelling.
• The date on which possession is required.
• A clear statement that the notice is given under section 173(1) of the Renting Homes (Wales) Act 2016.
• The landlord’s signature and the date of signing.

The form’s standardised layout helps ensure tenants understand their rights and the basis for the notice.

What Happens if the Tenant Does Not Leave?

If the tenant does not leave by the date specified in the notice, the landlord cannot simply evict them directly. Instead, they must:

• Apply to the county court for a possession order.
• Do so within two months after the possession date given in the notice.

Failure to initiate court proceedings promptly will typically require the landlord to serve a new notice and restart the process.

Restrictions on Using Form RHW17

Form RHW17 cannot be used in every situation. It is not appropriate where:

• The contract is an introductory standard contract or prohibited conduct standard contract (these require other forms).
• The required minimum notice period is six months (these are used with Form RHW16).
• The landlord is seeking eviction due to the tenant’s fault (such as rent arrears or anti-social behaviour). In those cases, other forms, such as RHW20 or RHW23, are required.

Landlords must select the correct form to avoid having their notice challenged or dismissed by the courts.

Benefits of Using Form RHW17 Correctly

Form RHW17 offers landlords several advantages when used correctly:

• It is a straightforward, no-fault route to end a tenancy when needed.
• It provides a transparent legal process with a defined notice period.
• It avoids arguments about tenant fault or breaches.
• It demonstrates compliance with housing law, reducing the risk of court challenges.

At the same time, the two-month minimum notice period ensures tenants have time to find alternative accommodation.

Differences Between Form RHW17 and RHW16

It is essential to distinguish between these two forms:

• Form RHW17 is used when the contract requires a two-month minimum notice period.
• Form RHW16 must be used when the contract requires a six-month minimum notice.

Using the wrong form will make the notice invalid. Landlords must review their contract terms and relevant legislation to determine which one applies.

How Landlords Should Prepare Before Using Form RHW17

Before serving Form RHW17, landlords should:

• Review the tenancy agreement and confirm it is a qualifying periodic standard contract.
• Verify whether the contract falls into a category that allows for a two-month notice period.
• Check the dates carefully to ensure the minimum occupation period before serving notice has passed.
• Prepare the notice accurately using the prescribed wording.
• Plan how to serve the notice and document service.

Professional advice is recommended if there is any doubt about eligibility or procedure.

The Importance of Compliance

Failure to comply with the requirements for Form RHW17 can have serious consequences:

• The notice may be declared invalid.
• Eviction proceedings may fail in court.
• Landlords may need to restart the process, resulting in delays and additional costs.
• Tenants may challenge the notice as a retaliatory eviction if the landlord failed to meet their repair obligations or acted in response to tenant complaints.

These risks highlight the importance of using the correct form and serving it properly.

FAQ

What is Form RHW17 used for?

It is used to give tenants at least two months’ notice to end a qualifying periodic standard occupation contract in Wales. It is a no-fault notice under section 173 of the Renting Homes (Wales) Act 2016.

Who can use Form RHW17?

Landlords with qualifying periodic standard contracts that allow a two-month minimum notice period. This generally includes specific converted agreements and other types listed in the legislation.

Can Form RHW17 be used for fixed-term tenancies?

No. Fixed-term tenancies require different notices, such as those used at the end of the term or when break clauses are invoked.

What happens if the tenant does not leave after the notice period?

The landlord must apply to the county court for a possession order. They must do this within two months after the possession date specified in the notice.

Is Form RHW17 appropriate for rent arrears or breaches?

No. For rent arrears or other breaches of the contract, landlords must use different forms, such as RHW20 or RHW23, which are fault-based notices.

Can landlords serve RHW17 immediately after tenants move in?

No. There is usually a minimum occupation period (six months for new contracts, four months for some converted contracts) before a landlord can serve notice.

External Useful Links

• GOV.WALES official form RHW17 page
• Renting Homes (Wales) Act 2016 legislation overview
• Shelter Cymru housing advice for tenants in Wales
• Citizens Advice Cymru housing and eviction guidance
• National Residential Landlords Association (NRLA) guidance for Welsh landlords
• Welsh Government guidance on ending an occupation contract
• County court process for possession proceedings in Wales

Conclusion

Form RHW17 is a crucial part of the legal landscape for landlords in Wales. It provides a structured, fair method for ending specific periodic standard occupation contracts with a minimum of two months’ notice.

However, landlords must ensure they use it only in the correct circumstances, complete it accurately, and serve it properly.

Failure to comply can result in delays, additional costs, and even legal consequences.

For both landlords and tenants, understanding how Form RHW17 works helps ensure tenancies are ended lawfully and fairly, balancing the rights of both parties under the Renting Homes (Wales) Act 2016.

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