Possession Claim on the Grounds of Serious Rent Arrears – Introductory Standard Contract or Prohibited Conduct Standard Contract

Form RHW21 is a key legal document for landlords in Wales who need to apply to the court for possession of a rented property on the ground of serious rent arrears when the contract type is either an Introductory Standard Contract or a Prohibited Conduct Standard Contract.

It forms part of the framework introduced by the Renting Homes (Wales) Act 2016, which overhauled how residential tenancies work in Wales by replacing them with occupation contracts and introducing more transparent processes for ending them.

This guide provides a detailed explanation of Form RHW21, including when landlords should use it, the steps required before its use, and the possession process under Welsh law.

Context: Renting Homes (Wales) Act 2016

The Renting Homes (Wales) Act 2016 fundamentally changed the way renting operates in Wales by introducing standardised occupation contracts. There are different types of standard contracts:

• Standard Contract (the most common type for private landlords)
• Introductory Standard Contract (usually for new social tenants as a probationary period)
• Prohibited Conduct Standard Contract (a variation imposed when there has been serious antisocial behaviour)

Form RHW21 addresses explicitly the latter two types: Introductory Standard and Prohibited Conduct Standard Contracts.

The Act is designed to make renting more transparent and fairer while also preserving landlords’ rights to recover possession in cases of serious rent arrears.

What Is Form RHW21?

Form RHW21 is the court form landlords use to start formal possession proceedings when seeking possession of a property let on an Introductory Standard Contract or a Prohibited Conduct Standard Contract due to serious rent arrears.

Key features of Form RHW21:

• It is a court application, not a warning or notice, but a formal document that initiates the court claim for possession.
• It explains to the court the basis for seeking possession (serious rent arrears).
• It provides the tenant (contract holder) with formal notice of the court action, allowing them to respond.

Using this form correctly is essential for landlords to comply with the law and successfully regain possession through the courts.

What Are Introductory and Prohibited Conduct Standard Contracts?

Understanding the contract types is crucial:

Introductory Standard Contract:

• Used typically by social landlords as a probationary tenancy.
• Lasts for a trial period (usually 12 months) to assess tenant conduct before offering a secure tenancy.
• Easier to terminate than a secure contract.

Prohibited Conduct Standard Contract:

• Imposed as a variation of the standard contract when there has been serious antisocial behaviour.
• Aimed at managing tenants who have breached acceptable conduct requirements.

Form RHW21 is specifically designed for these contract types when landlords wish to seek possession on the grounds of serious rent arrears.

Serious Rent Arrears – Legal Definition

To use Form RHW21 successfully, the landlord must prove that the tenant is in serious rent arrears, as defined in the Renting Homes (Wales) Act 2016.

Typically, this means:

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

The threshold is strict: minor or technical arrears will not suffice. The landlord must show arrears meet this threshold both at the time of serving notice and at the time of making the court claim.

When Should Landlords Use Form RHW21?

Form RHW21 is not the first step in the eviction process. It is used after the landlord has taken preliminary steps required by law, including serving the correct notice to the tenant.

A typical process:

• The tenant falls into serious rent arrears (meeting the statutory threshold).
• The landlord serves the prescribed notice (for example, Form RHW19 for serious arrears on Introductory or Prohibited Conduct Standard Contracts), giving the correct notice period.
• The notice period expires, but the tenant does not pay the arrears or leave voluntarily.
• The landlord then files Form RHW21 to request a possession order from the court.

Form RHW21 should only be used after the notice has expired and the landlord has confirmed arrears remain serious.

Serving the Prescribed Notice

Before using Form RHW21, landlords must serve the correct written notice.

Typically:

• The notice informs the tenant of the landlord’s intention to seek possession due to serious rent arrears.
• For serious rent arrears, the minimum notice period is usually 14 days.
• The notice must be served using the prescribed form and include specific information required by law.

Failure to serve the correct notice can result in the possession claim being rejected.

Filing Form RHW21

Once the notice period expires, if the tenant remains in arrears and the property, the landlord may file Form RHW21. This starts the formal legal process in court.

Key details included in the form:

• Property address.
• Landlord and Tenant (Contract Holder) Details.
• Type of occupation contract (Introductory or Prohibited Conduct).
• Evidence of serious rent arrears.
• Copy of the notice served and proof of service.

Completing Form RHW21 carefully and accurately is essential, as errors can delay or derail the claim.

The Court Process After Filing Form RHW21

After the landlord files Form RHW21:

• The court issues the claim and serves it on the tenant.
• The tenant has an opportunity to respond or contest the claim.
• A court hearing is usually scheduled.
• Both parties can present their evidence, including payment history and the validity of the notice.

If the court is satisfied the arrears qualify as serious and all legal steps have been followed, it will usually grant a possession order.

Types of Possession Orders

The court can grant different types of orders depending on the circumstances:

• Outright possession order: Tenant must leave by a specified date.
• Suspended possession order: The tenant can remain if they comply with the payment terms.
• Adjournment or dismissal: If the court finds the arrears threshold not met or the notice defective.

Landlords should prepare thoroughly to maximise the chance of securing the desired outcome.

Evidence Required for Form RHW21 Claims

To succeed with Form RHW21, landlords must prove:

• The tenant is in serious rent arrears as of the date of notice and the date of the claim.
• They served the correct prescribed notice with the proper notice period.
• They complied with all statutory requirements, including property condition standards.

Evidence often includes:

• Rent account statements.
• Copy of the notice and proof of service.
• Occupation contract terms.
• Communication records with the tenant.

Potential Tenant Defences

Tenants can challenge a RHW21 claim on various grounds, such as:

• Arrears did not meet the serious threshold.
• The landlord served the wrong notice or did so incorrectly.
• Payments were misrecorded.
• The landlord breached other legal duties (e.g. disrepair obligations).

Landlords should anticipate these defences and prepare accordingly.

Ethical Responsibilities of Landlords

Although Form RHW21 is a legal route to regain possession, landlords should remember eviction is a serious measure. Best practices include:

• Communicating early with tenants about arrears.
• Offering payment plans or signposting to advice agencies.
• Maintaining clear and respectful records of all communications.
• Ensuring the property is safe and in good repair.

Eviction should always be the last resort.

Risks of Misusing Form RHW21

Landlords who misuse Form RHW21 risk:

• The court dismissed dismissed the claim due to procedural errors.
• Delays and extra costs.
• Accusations of harassment or unlawful eviction.
• Reputational damage.

Understanding and complying with the legal requirements is essential.

Advantages of Using Form RHW21 Properly

When used correctly, Form RHW21 offers:

• A clear, legal route to regain possession in cases of serious arrears.
• Protection of rental income.
• Judicial enforcement of the possession order.
• A process that balances landlord rights with tenant protections.

It ensures both parties receive a fair hearing.

Preparing to File Form RHW21

Landlords should take the following steps before filing:

• Confirm arrears meet the statutory definition of serious rent arrears.
• Serve the correct prescribed notice and wait for the notice period.
• Verify that arrears remain outstanding as of the date of filing.
• Gather all necessary evidence, including rent accounts and communication records.

Seeking legal advice is strongly recommended for landlords unfamiliar with court procedures.

Role of Legal Advice

While landlords can file Form RHW21 without a solicitor, professional advice can help:

• Ensure the notice served is valid.
• Prepare the strongest possible evidence.
• Navigate the court process smoothly.
• Avoid costly mistakes and delays.

Legal professionals can also represent landlords in court.

Practical Tips for Landlords

• Keep rent records up to date and clear.
• Communicate openly with tenants about arrears as soon as possible.
• Always serve the correct prescribed notice and keep proof of service.
• Document all attempts to resolve arrears before court action.
• Respect tenant rights and avoid harassment.

By following best practices, landlords reduce the risk of disputes and increase the chance of a successful possession claim.

Useful Links for Further Guidance

• Renting Homes (Wales) Act 2016
• Welsh Government Landlord guidance
• Shelter Cymru – Tenant and landlord advice
• Citizens Advice Wales – Eviction help
• HM Courts and Tribunals Service – Forms and fees

FAQ

What is Form RHW21?

Form RHW21 is the court form landlords in Wales use to seek possession of a property on the grounds of serious rent arrears when the contract is an Introductory Standard Contract or Prohibited Conduct Standard Contract.

When should landlords use Form RHW21?

After serving the correct notice (typically RHW19), waiting for the notice period to expire and confirming arrears remain serious.

What qualifies as serious rent arrears?

At least two months’ rent unpaid for monthly rent, eight weeks for weekly rent, or equivalent for other frequencies.

Is Form RHW21 a notice to the tenant?

No. It is the formal court application following a notice period. It is used to start court proceedings.

Can landlords evict tenants without a court order?

No. Eviction without a possession order is unlawful.

What happens if the tenant pays off arrears?

If arrears fall below the serious threshold before the claim is filed, the landlord cannot use this ground for possession.

Can tenants defend against a RHW21 claim?

Yes. They can dispute the arrears and the validity of the notice or raise other legal defence.

Is legal advice required for Form RHW21?

It is not required but strongly recommended, especially for complex cases.

What evidence is needed?

Rent account statements, the served notice and proof of service, occupation contract terms, and records of tenant communication.

Form RHW21 is a crucial component of the legal process for landlords in Wales seeking possession on the grounds of serious rent arrears under Introductory or Prohibited Conduct Standard Contracts.

Used correctly, it provides a transparent, fair, and lawful route to regain possession while balancing the rights of both the tenant and the landlord.

Useful External Links

Our top read blogs:

Is Commercial Property a Good Investment in England & Wales?

Commercial Property Rent Review Protocol

Investing in Commercial Property vs Residential Property: The Advantages and Disadvantages