Form RHW26: Withdrawal of Notice of Termination Under Landlord’s Break Clause – Fixed Term Standard Contract

Form RHW26 is the prescribed legal document landlords in Wales must use when they want to cancel or withdraw a previously served notice of termination under a landlord’s break clause in a fixed-term standard occupation contract.

Under the Renting Homes (Wales) Act 2016, clear and formal procedures must be followed for ending and amending occupation contracts. Form RHW26 ensures that tenants are formally notified when a landlord decides not to proceed with ending the contract early via the break clause.

Below is a comprehensive guide explaining what Form RHW26 is, when landlords should use it, legal requirements, and best practices.

Renting Homes (Wales) Act 2016 – Overview

The Renting Homes (Wales) Act 2016 overhauled the residential letting law in Wales.

Key changes include:

• Replacing traditional tenancies with occupation contracts.
• Standardising processes for serving notices.
• Requiring prescribed forms to ensure clarity and fairness.

Fixed-term standard contracts are common for privately rented homes, typically running for six or twelve months.

What Is a Fixed-Term Standard Contract?

A fixed-term standard contract is an agreement that lasts for a set period with clear start and end dates.

During this time:

• Both landlord and tenant have security.
• The tenant has the right to occupy the property for the full term.
• The landlord cannot end the contract early without legal grounds or a break clause.

However, many contracts include a landlord’s break clause, which allows for early termination under specific conditions.

What Is a Landlord’s Break Clause?

A break clause is a term in the occupation contract that allows the landlord (or both parties) to end the fixed term early by:

• Giving proper notice of termination (using Form RHW25).
• Providing at least two months’ notice.
• Following the agreed process in the contract.

Break clauses provide landlords with flexibility in the event of changing circumstances while ensuring tenants receive a fair notice.

What Is Form RHW26?

Form RHW26 is the prescribed notice that landlords use to formally withdraw a previously served notice of termination under their break clause.

Key features:

• Tells the tenant the landlord no longer intends to end the contract early.
• Cancels the effect of the previous break notice.
• Confirms that the tenant can stay for the remaining fixed term.

This formal withdrawal restores clarity and security for the tenant.

When Should Landlords Use Form RHW26?

Form RHW26 is used only when:

• The landlord has already served a notice of termination under a break clause (using Form RHW25).
• The landlord decides not to proceed with ending the contract early.
• The landlord wants the fixed term to continue as originally agreed.

It is not used for:

• Cancelling notices for breach of contract or serious rent arrears.
• Ending periodic contracts.
• Giving new notices of termination.

Why Use Form RHW26?

Serving Form RHW26 ensures:

• The tenant is formally informed the landlord has changed their mind.
• The tenant has legal certainty about their right to stay.
• The landlord complies with the Renting Homes (Wales) Act 2016 requirement for clear, prescribed forms.
• It avoids confusion or disputes over whether the tenant is required to leave.

Legal Requirements for Using Form RHW26

To use Form RHW26 lawfully:

• There must be a valid break clause in the fixed-term standard contract.
• The landlord must have previously served a valid break notice (Form RHW25).
• The landlord must serve Form RHW26 before seeking a possession order based on the break clause.
• The form must be completed exactly as prescribed without alterations to the required sections.

Contents of Form RHW26

Form RHW26 includes:

• Landlord’s details.
• Contract-holder’s details.
• The address of the rented property.
• The date of service of Form RHW26.
• Reference to the original notice being withdrawn.
• A clear statement that the landlord no longer intends to terminate early.
• Advice on the tenant’s right to seek independent help or advice.

How to Serve Form RHW26

Proper service is essential. Landlords can serve Form RHW26 by:

• Handing it to the tenant in person.
• Posting it (keeping proof of posting recommended).
• Using any other legally acceptable method set out in the contract.

Best practice:

• Always keep a copy of the served notice.
• Record the date and method of service.

What Happens After Serving Form RHW26?

When Form RHW26 is correctly served:

• The landlord’s original break notice is cancelled.
• The tenant is no longer required to leave on the original termination date.
• The fixed-term contract remains in effect as though no break notice has been given.
• Both landlord and tenant must meet all normal contractual obligations (rent payments, repairs, etc.).

Reasons Landlords Might Withdraw a Break Notice

Common reasons include:

• A change in personal plans (e.g. no longer needing to move back in).
• Reaching a new agreement with the tenant.
• Realising the original notice contained errors.
• Wanting to retain a reliable tenant.
• Avoiding the costs and hassle of re-letting.

Tenant Rights

For tenants, receiving Form RHW26 means:

• They have formal, written confirmation they can stay for the rest of the fixed term.
• They avoid the stress of planning to move unexpectedly.
• They retain the legal right to occupy the property without fear of eviction on the withdrawn notice.
• They can continue to pay rent and live in the property under the same terms.

Landlord Obligations After Withdrawal

After serving Form RHW26, landlords must:

• Respect the full fixed term (unless another lawful termination ground arises).
• Continue to meet all contractual obligations (e.g., repairs, safety standards).
• Treat the tenant fairly and lawfully.
• Avoid issuing further notices improperly or harassing the tenant.

Risks of Not Using Form RHW26

If a landlord wishes to cancel their break notice but fails to serve Form RHW26:

• The original notice remains valid.
• The tenant might still leave, creating an unwanted vacancy.
• The landlord might face disputes if they try to prevent the tenant from leaving.
• There could be confusion about the legal status of the contract.
• Potential claims of harassment or unlawful eviction if the landlord pressures the tenant to stay informally.

Advantages of Using Form RHW26 Properly

• Provides a precise and formal method to cancel a termination notice.
• It gives tenants legal certainty and reassurance.
• Complies with the Renting Homes (Wales) Act 2016.
• Reduces the risk of disputes or misunderstandings.
• Supports professional landlord-tenant relationships.

Best Practice for Landlords

• Decide carefully before issuing any break notice.
• Discuss plans openly with tenants where appropriate.
• Always use the prescribed form exactly as required.
• Serve it properly and keep records.
• Seek legal advice if in doubt.

Preparing to Use Form RHW26

Landlords should:

• Review the original contract and confirm the break clause exists.
• Check the date and details of the original break notice served.
• Complete Form RHW26 fully and accurately.
• Choose an acceptable service method.
• Retain proof of service for future reference.

What is Form RHW26?

It is the prescribed notice landlords in Wales must use to formally withdraw a previously served notice of termination under a landlord’s break clause in a fixed-term standard occupation contract.

When should landlords use Form RHW26?

When they have already served a break notice (using Form RHW25) but want to cancel it and let the tenant stay for the fixed term.

Is serving Form RHW26 legally required?

Yes, if the landlord wants to formally withdraw the break notice and ensure the tenant has explicit legal confirmation.

What happens if landlords don’t serve Form RHW26?

The original break notice remains in effect, and the tenant may still be required to leave even if the landlord changes their mind.

Does serving Form RHW26 change the rent or other terms?

No. The contract remains in effect on its original terms until the fixed term expires.

Can landlords issue a new break notice later?

Only if the break clause allows it and all legal requirements are met.

Is legal advice required?

It is not mandatory, but it is strongly recommended to ensure the process is correct.

Form RHW26 is a vital part of the Renting Homes (Wales) Act 2016 system, providing landlords with an explicit and lawful way to cancel a break notice and maintain a stable rental agreement. Used properly, it protects tenant security, reduces disputes, and fosters professional and respectful renting in Wales.

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