Possession Claim on the Ground of Serious Rent Arrears – Standard Contract

Form RHW20 is a crucial legal document intended for landlords in Wales who wish to seek possession of their rental property due to serious rent arrears.

It applies under the Renting Homes (Wales) Act 2016, which reformed the management of residential tenancies in Wales, introducing the concept of “occupation contracts” in place of traditional tenancies.

This form is specific to the standard contract – the most common type of occupation contract in Wales – and is used when a landlord intends to initiate court proceedings for possession because the contract holder (tenant) is seriously in arrears with rent.

Understanding Form RHW20 and its correct use is crucial for landlords to ensure compliance with the law and avoid delays or failures in the possession process.

Below, we explore in detail what Form RHW20 is, when it should be used, the legal requirements landlords must meet before using it, and how to approach the possession process in an ethical and effective manner.

Understanding the Renting Homes (Wales) Act 2016 Context

Before delving into Form RHW20 itself, it is essential to understand the legislative framework that underpins it.

The Renting Homes (Wales) Act 2016 modernised landlord and tenant law in Wales. It replaced existing tenancies with occupation contracts, which can be either standard (for the private sector) or secure contracts (more common in social housing).

One key feature of the Act is to simplify and clarify possession procedures, while ensuring fairness to both landlords and contract holders. Different forms and grounds exist for ending occupation contracts. Form RHW20 specifically deals with possession claims based on serious rent arrears under a standard contract.

What Does Form RHW20 Do?

Form RHW20 is the formal court form that landlords use to notify the court and the contract-holder that they are applying for possession of the property on the statutory ground of serious rent arrears.

It is not simply a notice to the tenant (like a warning letter or a “notice seeking possession”). Rather, it is part of the formal legal process for applying to court for a possession order.

Key points about Form RHW20:

• The court claim process begins: Once the landlord has satisfied the necessary conditions, Form RHW20 is submitted to the court to seek a possession order.
• It informs the court of the basis for possession: The landlord must establish the facts showing that serious rent arrears exist.
• It serves as a legal document notifying the tenant that the tenant (contract holder) has received the court claim and is entitled to respond and attend a court hearing.

Definition of Serious Rent Arrears

To use Form RHW20 successfully, the landlord must demonstrate serious rent arrears as defined in the Renting Homes (Wales) Act 2016.

The Act generally defines serious rent arrears as:

• At least two months’ rent unpaid if rent is due monthly.
• At least eight weeks’ rent unpaid if rent is due weekly.
• At least a quarter’s rent unpaid if rent is due quarterly.
• At least three months’ rent unpaid if rent is due yearly.

It is essential to note that minor arrears (i.e., a few days late or partial payments that don’t exceed these thresholds) don’t qualify.

Additionally, landlords should keep meticulous records of payment history to prove serious arrears in court.

When Should Welsh Landlords Use Form RHW20?

Welsh landlords should use Form RHW20 only after certain steps have been taken and specific conditions have been met. It is not the first step in the eviction process, but rather one of the final steps when seeking a court order to evict.

Here is the typical sequence in which Form RHW20 would be used:

• The landlord identifies that serious rent arrears have accrued, as defined in the Act.
• The landlord serves the appropriate written notice (for serious rent arrears) to the contract-holder in the required form and with the correct notice period. This is typically done using the prescribed notice form (for example, RHW19 – the notice of seeking possession on serious rent arrears).
• The contract holder has failed to pay the arrears or vacate the property after the notice period has expired.
• The landlord then completes and files Form RHW20 with the court to initiate the formal possession claim.

Therefore, Form RHW20 should be used after the notice period has expired and when the landlord is ready to begin court proceedings. It is not for informal warning or negotiation—it is for formally applying to the court to regain possession of the property.

Legal Prerequisites Before Using Form RHW20

Using Form RHW20 without meeting the legal conditions can lead to a claim being dismissed or delayed. Landlords must ensure they have:

• Served the correct prescribed notice (such as RHW19) with the appropriate notice period. The Renting Homes (Wales) Act 2016 stipulates that the minimum notice period for serious rent arrears is typically 14 days.
• Waited for the notice period to expire without the contract-holder clearing the arrears or vacating the property.
• Confirmed that the arrears remain serious at the date of issuing the claim. If the arrears drop below the statutory threshold before the claim is made, the landlord cannot use this ground.

It is also good practice (though not legally mandatory) for landlords to attempt to engage with the contract holder, offer payment plans where reasonable, and maintain clear records of all communications.

Court Process Initiated by Form RHW20

Once Form RHW20 is filed with the court, the formal possession proceedings begin. The typical process includes:

• The landlord files Form RHW20 with the court, paying the applicable court fee.
• The court sends the claim details to the contract-holder.
• The contract holder has the opportunity to respond (by filing a defence or attending a hearing).
• A court hearing is usually scheduled, where both parties can present evidence.
• The judge decides whether to grant a possession order, adjourn the case, or dismiss it.

Suppose the judge is satisfied that serious rent arrears exist and that all necessary legal steps have been taken. In that case, the court will normally grant a possession order. This order specifies the date by which the contract holder must vacate. If they fail to do so, the landlord can then apply for a warrant of possession (leading to eviction by bailiffs).

Grounds for Defence Against Form RHW20

While Form RHW20 is designed for clear cases of serious arrears, contract-holders do have rights. Possible defences might include:

• Arrears were below the serious threshold at the date of service of the notice or the date of the claim.
• The landlord did not properly serve the correct prescribed notice.
• Errors or omissions in the notice (e.g. wrong address, incorrect dates).
• The landlord failed to comply with other statutory obligations (e.g. ensuring the property was fit for human habitation).
• Disputes over the amount of rent due or payments not properly recorded.

Landlords should therefore prepare thoroughly, ensure their records are complete, and consider seeking legal advice before making a claim.

Ethical Considerations for Landlords

While Form RHW20 is a legal tool for recovering possession where serious rent arrears threaten a landlord’s financial stability, landlords should remember that eviction is a serious matter with profound consequences for tenants.

Good practice includes:

• Communicating with tenants early about arrears.
• Offering reasonable payment plans where possible.
• Signposting tenants to advice services and support (e.g. local authority housing advice, debt advice charities).
• Ensuring the property meets all legal safety and repair standards.

Using Form RHW20 should be a last resort, not the first step in managing rent arrears.

How to Complete Form RHW20

Completing Form RHW20 involves providing detailed, accurate information about:

• The property address.
• Details of the landlord and contract-holder.
• The occupation contract in question (including start date and terms).
• Evidence of serious rent arrears (including rent schedule and payment history).
• Details of the notice served and its expiry.
• Any efforts made to resolve the issue before court action.

Accuracy is vital. Mistakes or omissions can result in the claim being rejected or adjourned.

Advantages of Using Form RHW20 Correctly

For landlords, using Form RHW20 correctly and in compliance with the Renting Homes (Wales) Act 2016 offers:

• A clear legal route to regain possession in cases of serious arrears.
• Protection of income streams threatened by persistent non-payment.
• A process that ensures fairness and legal certainty.
• The ability to enforce the court’s possession order if the contract-holder refuses to leave voluntarily.

However, landlords must be patient, diligent, and prepared to prove their case.

Potential Pitfalls of Using Form RHW20 Improperly

Improper use of Form RHW20 can lead to:

• Court dismissing the possession claim, wasting time and costs.
• Possible claims of unlawful eviction or harassment if landlords try to force tenants out without proper legal orders.
• Damage to reputation, particularly if the landlord is seen as acting unfairly or unethically.
• Stress and conflict with tenants can sometimes escalate unnecessary disputes.

Landlords should always seek advice if unsure about the correct process.

Supporting Documents for Form RHW20

When filing Form RHW20, landlords typically need to include:

• A copy of the written notice served (e.g. RHW19) with evidence of service.
• A detailed rent account showing the arrears.
• The occupation contract or written statement of its terms.
• Evidence of attempts to resolve the issue, if any.

These documents strengthen the case and show the landlord has acted responsibly.

The Role of Legal Advice

Landlords are not required to have a solicitor to use Form RHW20, but legal advice can be highly beneficial, especially if:

• The arrears situation is complicated.
• The tenant disputes the arrears.
• There are issues with how the notice was served.
• The landlord has little experience with court procedures.

A solicitor can help ensure the correct notice was given, the form is completed properly, and the landlord’s case is well-prepared for court.

Useful Links for Further Guidance

• Renting Homes (Wales) Act 2016
• Welsh Government guidance on possession procedures
• Shelter Cymru – Tenant and landlord advice
• Citizens Advice Wales – Housing and eviction help
• HM Courts and Tribunals Service – Possession claim forms and guidance

FAQ

What is Form RHW20?

Form RHW20 is the court form used in Wales by landlords seeking possession of a property on the ground of serious rent arrears under a standard occupation contract.

When should a landlord use Form RHW20?

After serving the correct prescribed notice (such as RHW19), waiting the required notice period, and confirming that the rent arrears still meet the serious threshold.

What qualifies as serious rent arrears?

Generally, at least two months’ rent unpaid for monthly rents, eight weeks for weekly rents, or equivalent amounts for other payment frequencies.

Do landlords need to use a solicitor for Form RHW20?

No, but it is advisable if the case is complex or disputed.

Can a tenant defend against a RHW20 claim?

Yes. They may dispute the level of arrears, claim the landlord did not serve notice correctly, or argue other legal or procedural issues.

What happens after filing Form RHW20?

The court process begins. The court will notify the tenant, invite a response, and typically hold a hearing to decide whether to grant possession.

Is Form RHW20 the same as a notice to quit?

No. It is not a notice served on the tenant to leave voluntarily. It is the formal court application for a possession order after notice has already been served and expired.

What happens if the tenant pays off some arrears?

If the arrears drop below the serious threshold before the court claim is made, the landlord cannot use this ground for possession.

Can landlords evict tenants without a court order?

No. Unlawful eviction is a criminal offence. Form RHW20 is part of the lawful route to gain a court possession order.

Is it possible to withdraw a claim after filing Form RHW20?

Yes, but landlords should seek legal advice to understand implications and procedures.

Form RHW20 is a vital tool for landlords facing serious rent arrears. Still, it must be used responsibly, lawfully, and with a clear understanding of the requirements and consequences.

By following the correct procedures and maintaining open communication with tenants wherever possible, landlords can protect their interests while also acting fairly and legally.

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