Notice of Termination – Introductory Standard Contract or Prohibited Conduct Standard Contract

Form RHW18 is an official notice under the Renting Homes (Wales) Act 2016. Landlords in Wales use it to terminate either an Introductory Tenancy Agreement or a Prohibited Conduct Tenancy Agreement.

Understanding when, why, and how to use this form is vital for landlords who wish to ensure compliance with Welsh law while protecting their property rights.

This article provides a comprehensive explanation of Form RHW18, including its purpose, when it is used, the legal requirements landlords must follow, and the rights of contract-holders (tenants) who receive this notice.

We also examine the grounds for termination, the procedures to be followed, and how this notice relates to broader tenancy reforms in Wales. Landlords should be aware of the seriousness of serving such a notice and ensure they have valid legal grounds before proceeding.

What Is Form RHW18?

Form RHW18 is the prescribed legal notice that a landlord in Wales must serve to terminate either:

• An Introductory Standard Contract
• A Prohibited Conduct Standard Contract

These types of contracts are defined under the Renting Homes (Wales) Act 2016. They have specific rules about the security of tenure and termination. RHW18 formalizes the termination process in line with the statutory requirements.

It is essential to use the correct form. Failing to use the prescribed notice can invalidate the termination, potentially exposing the landlord to legal challenges and delaying possession.

What Is an Introductory Standard Contract?

An Introductory Standard Contract is typically used by local authorities and registered social landlords (housing associations) in Wales for new tenants. It acts like a probationary tenancy.

The idea is to give landlords a trial period to assess if the tenant will meet their obligations, such as paying rent and behaving appropriately.

Key features include:

• Generally runs for 12 months.
• It is easier for the landlord to terminate a Secure Contract than a standard tenancy agreement.
• Can convert to a Secure Contract automatically after the introductory period if there are no issues.

Suppose the landlord wishes to terminate the contract during the introductory period. In that case, they must serve a valid RHW18 notice and follow the procedure set out in the Act.

What Is a Prohibited Conduct Standard Contract?

A Prohibited Conduct Standard Contract is a variation of the Standard Contract imposed on tenants who have engaged in “prohibited conduct.” This includes serious antisocial behaviour or criminal behaviour affecting the property or neighbours.

A landlord can seek to impose a Prohibited Conduct Standard Contract where:

• The contract-holder has breached the prohibited conduct term in their previous contract.
• The landlord wishes to limit the contract-holder’s security of tenure as a consequence of that behaviour.

Terminating a Prohibited Conduct Standard Contract is a statutory process designed to address ongoing or serious misconduct.

When Should Form RHW18 Be Used?

Landlords should use Form RHW18 to notify the contract-holder that they intend to terminate either formally:

• An Introductory Standard Contract during its introductory period.
• A Prohibited Conduct Standard Contract at any point when grounds exist.

Typical scenarios include:

• Persistent rent arrears during the introductory period.
• Severe or continuing antisocial behaviour under a Prohibited Conduct Standard Contract.
• Any other breach of contract that legally justifies termination.

The form is not for use with other types of contracts (e.g., Secure Contracts or Standard Periodic Contracts), which have their termination procedures and forms.

Legal Requirements for Using Form RHW18

The Renting Homes (Wales) Act 2016 lays down clear rules for serving notice to end these contract types. A landlord must:

• Use the prescribed form (RHW18).
• Provide the minimum notice period required by law.
• State the grounds for termination clearly.
• Ensure that the grounds are valid and legally justified.
• Follow any additional procedures such as review or appeal rights (for Introductory Contracts, tenants often have a right to request an internal review).

Failure to comply with these requirements can render the notice invalid and prevent a possession claim from succeeding in court.

Notice Period for RHW18

The minimum notice period for Form RHW18 depends on the type of contract:

• For Introductory Standard Contracts, at least 4 weeks’ notice is usually required.
• For Prohibited Conduct Standard Contracts, at least one month’s notice is generally required, although exceptions exist for severe cases.

Landlords should check the latest legal guidance, as exceptions or specific conditions may adjust these minimum periods.

Grounds for Termination

Landlords must have proper legal grounds to serve Form RHW18.

For Introductory Standard Contracts:

• Serious breaches of contract.
• Persistent rent arrears.
• Antisocial behaviour.

For Prohibited Conduct Standard Contracts:

• Continuing prohibited conduct.
• Breach of the prohibited conduct terms included in the contract.

These grounds are intended to protect landlords and communities from unacceptable behaviour while balancing tenants’ rights to fair treatment.

Review Rights for Contract-Holders

For Introductory Standard Contracts, the law usually gives the contract holder the right to request a review of the landlord’s decision to terminate.

Key features:

• The request must be made within the timeframe specified in the notice (typically 14 days).
• The landlord must carry out an internal review process.
• The contract holder can make written representations or, in some cases, oral representations.
• If the landlord upholds the termination decision, they may proceed to seek possession in court.

This process ensures tenants have a fair opportunity to challenge decisions before eviction proceedings start.

Serving the Notice Correctly

The landlord must ensure Form RHW18 is:

• Completed accurately.
• Delivered to the contract-holder in an acceptable way (by hand, post, or other agreed method).

The date of service is critical as it affects the calculation of the notice period. Errors in service can delay the process and undermine the landlord’s case in court.

Applying to Court for Possession

Suppose the contract holder does not leave after the notice period expires. In that case, the landlord must apply to the county court for a possession order. They cannot simply change the locks or remove the occupant.

For Introductory Standard Contracts:

• The court’s role is generally limited to checking that the notice requirements and review procedure were followed correctly.

For Prohibited Conduct Standard Contracts:

• The court will verify that the notice is valid and that the grounds for possession are established.

The court can grant outright or suspended possession orders, depending on the circumstances.

Importance of Following the Law

Landlords must take the legal requirements seriously. Failure to follow the proper process can lead to:

• The court dismissed a possession claim.
• Delays in regaining possession.
• Potential liability for unlawful eviction if the tenant is removed without a court order.

Landlords should keep accurate records of:

• The notice served.
• Proof of service.
• Correspondence with the tenant.
• Rent arrears or behavioural issues.
• The outcome of any internal review.

Good record-keeping can make or break a possession claim.

Welsh Government Model Forms and Guidance

The Welsh Government has published prescribed forms, including RHW18, to ensure landlords comply with the Renting Homes (Wales) Act 2016.

Using the official form is essential. The landlord cannot substitute their letter or a different form for RHW18. The prescribed form ensures:

• The notice is valid in court.
• The tenant is adequately informed of their rights and obligations.

Failure to use the correct form can render the notice invalid.

Best Practice for Landlords

Landlords using Form RHW18 should:

• Check that they are dealing with the correct type of contract.
• Ensure they have valid grounds for termination.
• Use the prescribed form without alteration.
• Please complete the form carefully, including all relevant dates and grounds.
• Serve it correctly with clear evidence of service.
• Offer the tenant any review process to which they are entitled.
• Seek legal advice if unsure.

Supporting Vulnerable Tenants

While Form RHW18 is a legal tool for landlords to address serious problems, it should be used with caution. Landlords must consider tenants’ circumstances, especially where:

• There are mental health issues.
• There is domestic abuse.
• The tenant is vulnerable in other ways.

Social landlords, in particular, are expected to follow best practices in supporting tenants to maintain their tenancy where possible, using eviction only as a last resort.

Renting Homes (Wales) Act 2016 and Broader Reforms

The introduction of the Renting Homes (Wales) Act 2016 represented a significant reform of renting law in Wales. It aimed to:

• Simplify tenancy types.
• Improve clarity for landlords and tenants.
• Increase security of tenure for many renters.
• Provide clear rules about antisocial behaviour and tenancy breaches.

Form RHW18 is one of many prescribed forms designed to standardise and clarify communication between landlords and tenants.

Seeking Advice

Landlords and tenants alike are strongly encouraged to seek advice if they are unsure about their rights or obligations.

Specialist housing solicitors, local authority housing departments, and tenants’ rights organisations can offer guidance.

This ensures that eviction is used fairly, legally, and only where appropriate.

Frequently Asked Questions

What is the purpose of Form RHW18?

Landlords in Wales use it to give notice of termination for Introductory Standard Contracts or Prohibited Conduct Standard Contracts by the Renting Homes (Wales) Act 2016.

Can a landlord evict without serving Form RHW18?

No. The law requires landlords to use the prescribed notice. Eviction without proper notice and a court order is unlawful.

What happens after RHW18 is served?

The tenant has a notice period to vacate. If they do not leave, the landlord must apply to court for a possession order.

Does the tenant have any rights to challenge the notice?

Yes. For Introductory Standard Contracts, tenants often have the right to request a review of the landlord’s decision to terminate the contract.

What if the landlord uses the wrong form?

Using the wrong form can make the notice invalid. The landlord may need to restart the process.

How long is the notice period for RHW18?

Typically, at least 4 weeks for Introductory Standard Contracts and at least 1 month for Prohibited Conduct Standard Contracts, but landlords should check the latest legal requirements.

Is Form RHW18 used for private tenancies?

Generally no. It is mainly for social landlords managing Introductory or Prohibited Conduct Standard Contracts.

Useful External Links

Welsh Government – Renting Homes (Wales) Act 2016 Overview

Citizens Advice – Renting in Wales

Shelter Cymru – Eviction and Your Rights in Wales

Gov.Wales – Housing Forms and Guidance

Law Wales – Renting Homes (Wales) Act 2016 Explanation

These resources provide detailed guidance for both landlords and tenants on the rules, procedures, and rights under the Renting Homes (Wales) Act 2016, ensuring the proper use of forms such as the RHW18.

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