Withdrawal of Landlord’s Notice of Termination – Periodic Standard Contract
Form RHW19 is a crucial document created under the Renting Homes (Wales) Act 2016 to ensure clarity, fairness, and a formal process when a landlord wishes to withdraw a previously served notice to terminate a periodic standard occupation contract.
In simple terms, it allows the landlord to officially “cancel” or withdraw a termination notice they had earlier issued to the contract holder (tenant).
This form is not merely administrative—it has significant legal implications. Once served, it formally tells the contract holder that the landlord no longer wishes to end the contract under the terms of the earlier notice.
In Wales, where rental law has undergone significant reform with a focus on tenant security and clear communication, using the correct form is vital.
Let’s explore what Form RHW19 is for, when it should be used, and what Welsh landlords need to know to comply with the law.
Understanding the Renting Homes (Wales) Act 2016 Framework
Before examining Form RHW19 closely, it is essential to understand the legal context in Wales. The Renting Homes (Wales) Act 2016 modernised and simplified the landlord-tenant relationship. It introduced the concept of “occupation contracts,” with the two most common types being:
- Secure contracts (mainly used by local authorities and housing associations)
- Standard contracts (mostly used by private landlords)
Standard contracts can be periodic (ongoing, with no fixed end date) or fixed-term. Most private tenancies in Wales are periodic standard contracts by default after the fixed term expires or if they start that way.
When a landlord wants to terminate a contract, they typically serve a Notice of Termination using one of the prescribed forms (such as RHW16, RHW17, or RHW18, depending on the notice period and circumstances).
However, situations can change, and a landlord might later decide not to end the tenancy after all. That’s where Form RHW19 comes in.
What Is Form RHW19?
Form RHW19 is the Withdrawal of the landlord’s notice of termination – Periodic Standard Contract. It is a prescribed form under Welsh law that landlords must use to formally withdraw an earlier notice to terminate a periodic standard contract.
This form serves to:
- Notify the contract holder (tenant) in writing that the landlord’s previous termination notice is no longer valid.
- Ensure both landlord and tenant understand that the occupation contract will continue as though the termination notice had never been given.
It is a legal safeguard that ensures tenants are not left uncertain about whether they must vacate.
Why Would a Landlord Use Form RHW19?
A landlord might serve a termination notice for various reasons, such as planning to sell the property, refurbish it, move in themselves, or address tenant breaches. But sometimes, those plans change. For example:
- The landlord changes their mind about selling or moving in
- They reach an agreement with the tenant to resolve issues
- Market conditions change, making continued rental more attractive
- Personal circumstances make eviction undesirable
- The tenant appeals to stay, offering higher rent or better behaviour
Without a formal withdrawal, the previous notice remains effective. This can create confusion or even lead to unintended legal disputes if the tenant moves out unnecessarily. Using RHW19 clarifies the landlord’s intent to continue the contract.
When Should Welsh Landlords Use Form RHW19?
Landlords in Wales should use Form RHW19 as soon as they decide they no longer want to end the contract after having served a termination notice. For example:
- A landlord has served a six-month notice under RHW16 to terminate a periodic standard contract but, after two months, decides not to proceed.
- A landlord has served a two-month notice under RHW17 or a four-week notice under RHW18 (for prohibited conduct), but circumstances change.
In all these cases, the correct and legal way to cancel the termination is by serving Form RHW19. Verbal agreements or informal emails do not satisfy the formal requirements of the Renting Homes (Wales) Act. To ensure the notice is effectively withdrawn and the tenancy continues uninterrupted, the landlord must use this prescribed form.
Legal Status of Withdrawal Using Form RHW19
When properly completed and served, Form RHW19:
- Cancels the legal effect of the original notice
- This means the tenancy continues exactly as before
- Prevents the landlord from enforcing eviction based on the earlier notice
- Provides tenants with security, knowing they no longer have to move
This protects tenants from uncertainty and upholds the Welsh Government’s aim of providing secure housing. For landlords, it avoids future disputes or accusations of improper procedure.
How Should Form RHW19 Be Completed?
While landlords must always consult the latest government guidance or legal advice to ensure compliance, generally, Form RHW19 requires:
- Details of the property address
- Details of the landlord and tenant
- Reference to the previous notice being withdrawn (including the date it was served)
- A clear statement withdrawing the notice
- The landlord’s signature and date
Accuracy is crucial. Mistakes can lead to disputes or claims that the Withdrawal is invalid. Best practice includes keeping a copy of the completed and served form for records.
Serving Form RHW19 on the Contract-Holder
Once completed, the landlord must serve the form on the contract-holder (tenant). The Renting Homes (Wales) Act allows various methods of service, including:
- Personal delivery
- Delivery by post
- Electronic service, if agreed with the tenant
The tenant must receive the form. Failure to serve it properly means the original termination notice might remain in force, creating potential legal risk for the landlord.
Consequences of Not Using Form RHW19 Properly
If a landlord decides not to evict a tenant after giving a termination notice but fails to withdraw it formally with RHW19, several problems may arise:
- The tenant may move out unnecessarily, causing distress and cost
- The landlord could be accused of unfair practice
- Future enforcement action could be challenged in court for procedural irregularity
- The tenant may claim damages for breach of statutory duties
By using Form RHW19, landlords comply with their legal obligations and demonstrate good practice.
Best Practices for Welsh Landlords Using Form RHW19
For landlords operating in Wales, the careful use of Form RHW19 is an essential part of professional management. Best practices include:
- Deciding quickly whether to withdraw a notice to give the tenant certainty
- Completing the form accurately and in full
- Serving it using a reliable method
- Retaining evidence of service
- Communicating clearly and professionally with tenants throughout
Landlords should also be familiar with the other forms and procedures under the Renting Homes (Wales) Act to ensure they comply with all notice requirements.
The Broader Purpose of RHW19 in Welsh Renting Reform
The Welsh Government designed the Renting Homes (Wales) Act to provide greater security, clarity, and fairness in the renting process. RHW19 contributes to these goals by:
- Preventing landlords from leaving tenants in limbo after changing their minds about eviction
- Ensuring that changes to the contractual relationship are always clear and recorded in writing
- Reducing disputes by using standardised forms
- Encouraging transparent, professional landlord behaviour
For tenants, this means they can feel confident about their rights and housing security. For landlords, it provides a clear legal mechanism to adjust their course if their circumstances change.
Common Scenarios for Using Form RHW19
To illustrate, here are some typical situations where a landlord might use Form RHW19:
Resolving a Dispute:
A landlord issues a notice to terminate because of rent arrears. The tenant pays the arrears and agrees to a payment plan. The landlord then uses RHW19 to withdraw the notice.
Changing Sales Plans:
A landlord serves notice of their intention to sell the property. The market changes or the landlord decides to keep renting. They withdraw the notice using RHW19.
Personal Changes:
A landlord was planning to move into the property themselves, but their plans changed (for example, a new job elsewhere). They use RHW19 to cancel the eviction.
Tenant Improvement:
A tenant who has been given notice for prohibited conduct improves their behaviour, and the landlord no longer wishes to proceed with eviction. RHW19 formally cancels the notice.
These scenarios highlight the form’s flexibility and importance in managing real-world landlord-tenant relationships.
Summary of Key Points about Form RHW19
- Purpose: To formally withdraw an earlier landlord’s notice of termination for a periodic standard contract
- When to use: When the landlord no longer wishes to end the tenancy after having served notice
- Legal effect: Cancels the earlier notice, so the contract continues as if it were never given
- Requirements: Must be completed accurately and served properly
- Benefits: Provides clarity and certainty for both landlord and tenant, prevents disputes, ensures compliance with the Renting Homes (Wales) Act
Useful Links for Further Reading
Welsh landlords seeking more detailed guidance can consult:
- Renting Homes (Wales) Act 2016 (the primary legislation governing occupation contracts)
- Welsh Government Renting Homes Guidance (for landlords and agents)
- Local authority housing advice services (for region-specific support)
- Landlord associations operating in Wales (for updates and training)
These resources provide essential information not only on Form RHW19 but also on the full range of rights and obligations under the reformed Welsh renting system.
Frequently Asked Questions (FAQ)
What is Form RHW19?
It is the official Welsh Government form that landlords must use to withdraw a previously served notice of termination on a periodic standard occupation contract.
Is Form RHW19 mandatory?
Yes. Suppose a landlord has served a termination notice and later wishes to cancel it. In that case, they must use Form RHW19 to do so formally and legally.
Can I just tell my tenant verbally that they don’t have to move?
No. Verbal agreements do not satisfy the formal requirements of the Renting Homes (Wales) Act. You must use Form RHW19.
When should I use Form RHW19?
As soon as you decide you no longer wish to end the tenancy after serving a termination notice.
How do I serve Form RHW19?
You can deliver it personally, by mail, or electronically if the tenant has agreed to receive notices in that manner. Always keep evidence of service.
What happens if I don’t use Form RHW19?
The original notice remains in effect, which may create confusion or even risk wrongful eviction if the tenant leaves prematurely.
Does Form RHW19 apply to fixed-term contracts?
No. It specifically applies to periodic standard occupation contracts. Fixed-term contract variations or withdrawals are managed differently.
Is there a fee to use Form RHW19?
No. The form itself is free to use, though landlords may choose to pay for legal advice to ensure compliance.
What if I make a mistake on the form?
Errors can render the Withdrawal invalid. Always double-check details and seek professional help if needed.
Form RHW19 is an essential part of the Renting Homes (Wales) Act’s framework. It protects tenants from uncertainty and ensures landlords have a clear, lawful process for changing their minds about terminating a tenancy.
By using it correctly, Welsh landlords demonstrate professionalism, fairness, and respect for their legal obligations.
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