Form RHW23: Notice Before Making a Possession Claim Relating to Breach of Contract, Estate Management

Form RHW23: Notice Before Making a Possession Claim Relating to Breach of Contract, Estate Management

/ BLA Wales / By /

 Notice Before Making a Possession Claim Relating to Breach of Contract, Estate Management, and the Contract-Holder Failing to Give Up Possession

Form RHW23 is a legally prescribed notice that landlords in Wales must serve before applying to the court for possession on specific statutory grounds.

It is used when the landlord intends to seek possession due to a breach of contract, estate management grounds, or because the contract holder has failed to surrender possession at the end of the contract.

Introduced as part of the Renting Homes (Wales) Act 2016 framework, Form RHW23 ensures that contract-holders are adequately informed of the landlord’s intention to recover possession and the reasons for it.

This guide provides detailed information on what Form RHW23 is for when it should be used, the legal requirements involved, and practical guidance for Welsh landlords.

The Renting Homes (Wales) Act 2016 – Background

The Renting Homes (Wales) Act 2016 replaced traditional tenancies with occupation contracts and introduced more explicit rules for possession.

Key goals of the Act:

  • Standardise rights and obligations.
  • Clarify possession procedures.
  • Ensure fairness and transparency in landlord-tenant relations.

One of its most essential safeguards is the requirement to serve proper written notice before starting court action. Form RHW23 is one such notice.

What Is Form RHW23?

Form RHW23 is the prescribed notice that landlords must serve before applying to court for possession based on the following:

  • Breach of the occupation contract by the contract-holder.
  • Estate management grounds (e.g. redevelopment).
  • Failure of the contract-holder to give up possession at the end of the term.

This notice:

  • Explains the reason for seeking possession.
  • Sets out the legal basis relied upon.
  • It gives the contract holder time to respond or remedy the breach.
  • Warns of the landlord’s intention to seek a possession order if the issue is not resolved.

Why Is Form RHW23 Important?

Serving Form RHW23 correctly is a legal requirement. Landlords cannot simply apply to the court for possession on these grounds without first serving this notice.

If a landlord fails to serve Form RHW23 properly:

  • The court will refuse to grant a possession order.
  • The landlord will waste time and incur costs.
  • The tenant’s security rights are undermined, exposing the landlord to potential legal action.

Form RHW23 is designed to ensure transparency and fairness, providing contract holders with a clear warning and an opportunity to resolve issues before court action.

When Should Landlords Use Form RHW23?

Welsh landlords should use Form RHW23 when they intend to seek possession on any of the following grounds:

1. Breach of Contract:

  • The contract-holder has breached a fundamental or supplementary term of the occupation contract.
  • Examples include non-payment of rent (but not “serious rent arrears,” which require different forms of action), damage to the property, antisocial behaviour, or subletting in breach of the contract.

2. Estate Management Grounds:

  • The landlord requires possession for redevelopment.
  • To carry out works that cannot reasonably be done with the tenant in occupation.
  • Other management reasons recognised under the Renting Homes (Wales) Act 2016.

3. Failure to Give Up Possession:

  • The fixed term has ended, or a possession order has been made, but the contract holder remains in occupation without the right or permission.

Serving Form RHW23 is the first formal step before court proceedings for these grounds.

Legal Requirements Before Using Form RHW23

Before serving Form RHW23, landlords must ensure:

  • They have a valid legal ground for seeking possession.
  • The ground is properly explained in the notice.
  • They give the correct minimum notice period required by law.
  • The notice is in the prescribed form without alteration.

Failure to meet these requirements can render the notice invalid.

Contents of Form RHW23

Form RHW23 must include:

  • The landlord’s details.
  • The contract holder’s details.
  • The address of the dwelling.
  • The date the notice is served.
  • The date on which possession is required.
  • The legal ground relied upon.
  • An explanation of the breach or estate management reason.
  • Information on the tenant’s right to seek advice.

The aim is to ensure the tenant fully understands why possession is sought and what they can do in response.

Minimum Notice Periods for Form RHW23

The Renting Homes (Wales) Act 2016 specifies different minimum notice periods depending on the ground relied upon:

  • Breach of Contract: Typically, one month’s notice but may be shorter if the breach involves antisocial behaviour or serious rent arrears (which usually require other forms).
  • Estate Management Grounds: Typically, two months’ notice is required.
  • Failure to Give Up Possession: There is usually no minimum period if a previous possession order or notice has expired; however, landlords must still serve RHW23.

Landlords must carefully review the Act and any relevant regulations to ensure the correct notice period is provided.

How to Serve Form RHW23

The landlord must serve Form RHW23 in a legally acceptable way:

  • Deliver in person.
  • Send by post (with proof of posting recommended).
  • Use any other method allowed by the occupation contract.

Landlords should keep proof of service, as it may be needed in court.

What Happens After Serving Form RHW23?

After serving Form RHW23, the landlord must wait until the notice period expires before applying to the court for possession.

During the notice period:

  • The contract holder has the opportunity to remedy the breach (where applicable).
  • The landlord and tenant can negotiate or resolve issues voluntarily.
  • The landlord should continue communicating respectfully.

If the issue is not resolved, the landlord may then file a possession claim with the court.

The Court Process After Form RHW23

If the tenant does not comply or leave after the notice period:

  • The landlord files a possession claim in the county court.
  • The landlord must show the court:
    • Form RHW23 was served correctly.
    • The notice period was observed.
    • The grounds for possession are valid and proven.
  • The tenant has the right to defend the claim.

If the court is satisfied, it will grant a possession order specifying the date by which the tenant must vacate.

Tenant Rights and Defences

Tenants can challenge a possession claim following RHW23 on various grounds:

  • The landlord did not serve RHW23 or served it incorrectly.
  • The notice period was insufficient.
  • The claimed breach did not occur or has been remedied.
  • The estate management ground does not genuinely apply.
  • The landlord failed to comply with other legal obligations (e.g. property fitness standards).

Landlords must be prepared to present their case clearly in court.

Best Practice for Landlords

  • Communicate openly and early with tenants about any issues.
  • Attempt informal resolution before formal notices.
  • Use the correct prescribed form and complete it entirely.
  • Allow the correct notice period.
  • Keep clear, dated records of service and communication.
  • Avoid threats or harassment.

Good practice reduces conflict, avoids legal problems, and supports fair treatment of tenants.

Risks of Misusing Form RHW23

  • The possession claim may be dismissed in court.
  • Delays and extra legal costs.
  • Tenant complaints or claims for unlawful eviction.
  • Reputational harm.

Landlords should use Form RHW23 only when genuinely justified under the law.

Advantages of Correct Use

  • Provides a transparent, lawful process for regaining possession.
  • Ensures tenants are adequately informed and allowed to respond.
  • Reduces the risk of disputes and court challenges.
  • Protects landlord interests while respecting tenant rights.

Preparing to Use Form RHW23

Landlords should:

  • Confirm the legal ground for possession applies.
  • Gather evidence of the breach or evidence of the estate management need.
  • Calculate and provide the correct notice period.
  • Complete Form RHW23 accurately and thoroughly.
  • Select a reliable method of service and retain the proof.

Legal advice is strongly recommended to avoid costly mistakes.

Useful External Links

  • Welsh Government Renting Homes Guidance
  • https://www.gov.wales/renting-homes
  • Renting Homes (Wales) Act 2016 (full legislation text)
  • https://www.legislation.gov.uk/anaw/2016/1/contents
  • Shelter Cymru – Tenant and Landlord Advice
  • https://sheltercymru.org.uk/get-advice
  • Citizens Advice Wales – Eviction and Housing Help
  • https://www.citizensadvice.org.uk/wales/housing
  • HM Courts and Tribunals Service – Forms and Guidance
  • https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
  • Rent Smart Wales – Landlord Registration and Licensing
  • https://www.rentsmart.gov.wales
  • Law Wales – Renting Homes Act Overview
  • https://law.gov.wales/housing-and-local-services/renting-homes

FAQ

What is Form RHW23?

It is the prescribed notice that Welsh landlords must serve before applying to court for possession based on breach of contract, estate management grounds, or failure to surrender possession at the end of the term.

When should landlords use Form RHW23?

When seeking possession on the grounds of tenant breach, estate management needs, or a tenant refusing to leave after contract expiry.

What is the minimum notice period?

Varies by ground: typically one month for breach, two months for estate management, and may be immediate if the tenant is holding over unlawfully.

Is Form RHW23 the same as a possession order?

No. It is a required step before applying to the court for a possession order.

Can a landlord evict a tenant immediately after the RHW23 period?

No. They must wait for the notice period to expire and, if necessary, apply for a court order for possession.

Can tenants defend against RHW23?

Yes. They can dispute the grounds, notice validity, or landlord compliance with other legal obligations.

Is legal advice required?

It is not mandatory but strongly recommended for landlords to ensure compliance.

Form RHW23 is a crucial part of the fair and lawful process for regaining possession in Wales. When used correctly, it ensures tenants are informed and given time to address issues while enabling landlords to protect their property interests in compliance with the Renting Homes (Wales) Act 2016.

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