Form RHW27: Landlord’s Intention to End Occupation Contract Due to Abandonment

Form RHW27 is a prescribed legal notice for landlords in Wales under the Renting Homes (Wales) Act 2016. It is used when a landlord believes that a contract-holder (tenant) has abandoned the property, meaning they have left permanently without formally ending the occupation contract.

Ending an occupation contract due to abandonment is a serious matter, with specific legal safeguards in place to prevent misuse. Form RHW27 provides the formal written notice that starts the legal process of confirming abandonment and lawfully ending the contract.

Below is a detailed explanation of what Form RHW27 is, when landlords should use it, legal requirements, and best practices for landlords in Wales.

Renting Homes (Wales) Act 2016 – Context

The Renting Homes (Wales) Act 2016 modernised the renting system by introducing occupation contracts to replace traditional tenancies. The Act standardises landlord and tenant rights and requires prescribed forms for specific actions to ensure transparency and fairness.

One important protection is ensuring landlords cannot just assume a tenant has “abandoned” the property without following strict rules. Form RHW27 plays a central role in this process.

What Is Abandonment?

Abandonment in this context means the contract holder has:

• Left the property permanently.
• Intentionally given up possession without formally ending the occupation contract (for example, without serving their notice or agreeing a surrender with the landlord).

Abandonment is distinct from temporary absence (for example, going on holiday or staying with friends). Landlords must be careful not to confuse the two.

Why Does Abandonment Matter?

If a contract holder abandons the property:

• The landlord may want to end the contract and relet the property.
• The landlord needs legal certainty that they can regain possession without committing unlawful eviction.
• The Renting Homes (Wales) Act 2016 sets rules to protect contract-holders from wrongful assumptions of abandonment.

Form RHW27 is a crucial component of the legal safeguard, as it ensures that the landlord cannot simply change the locks or repossess the property without providing prior notice to the tenant.

What Is Form RHW27?

Form RHW27 is the prescribed notice landlords in Wales must serve when they intend to end an occupation contract on the grounds of abandonment.

Key features:

• Notifies the contract holder of the landlord’s belief that the contract holder has abandoned the property.
• Sets out the landlord’s intention to end the contract unless the tenant responds.
• It gives the contract holder at least four weeks to respond and prove they have not abandoned.

When Should Landlords Use Form RHW27?

Landlords should only use Form RHW27 when:

• They have reasonable grounds to believe that the contract holder has permanently abandoned the dwelling.
• They want to start the formal process to end the occupation contract due to abandonment.

Examples of reasonable grounds might include:

• The tenant has removed all belongings.
• Neighbours report the tenant has left permanently.
• The rent has gone unpaid, and attempts to contact the tenant have been unsuccessful.
• Utility accounts have been closed.

However, landlords must be cautious. Absence alone (e.g. for work, travel, hospital) is not necessarily abandonment.

Legal Requirements Before Using Form RHW27

Before serving Form RHW27, landlords must:

• Have reasonable grounds for believing abandonment has occurred.
• Be prepared to prove these grounds if challenged.
• Use the prescribed form exactly as required by law.

Failure to meet these requirements can make any subsequent possession invalid or even unlawful.

Contents of Form RHW27

Form RHW27 must include:

• The landlord’s details.
• The contract holder’s details.
• The address of the property.
• A statement of the landlord’s belief that the property has been abandoned.
• The date of service of the notice.
• The date on which the landlord intends to end the occupation contract if the tenant does not respond.
• Information on the tenant’s right to challenge or respond.

It ensures that tenants are clearly warned and given a fair chance to demonstrate that they have not abandoned the property.

Minimum Notice Period

Form RHW27 must provide the tenant with at least four weeks’ notice before the landlord can treat the contract as terminated.

Key points:

• The four weeks start from the date of service.
• The landlord cannot take possession or change the locks during this period.
• The tenant can respond at any time within the notice period to prove they have not abandoned.

How to Serve Form RHW27

Service must be clear and legally acceptable. Methods include:

• In-person delivery at the property (if the tenant is present).
• Posting to the property address (even if the tenant is believed to have left).
• Leaving the notice at the property in a prominent position (for example, attached to the front door).

Best practice:

• Keep dated photographs of where the notice was left.
• Retain proof of postage if mailed.
• Record all attempts to contact the tenant.

What Happens After Serving Form RHW27?

After serving Form RHW27:

• The landlord must wait at least four weeks.
• During this time, the tenant can respond to show they have not abandoned the property.
• If the tenant provides evidence that they are still occupying, the landlord cannot end the contract using this process.
• If the tenant does not respond, the landlord may then treat the occupation contract as ended and regain possession.

Tenant Rights

Tenants have strong protections:

• They must be given at least four weeks to respond.
• They can challenge the claim of abandonment.
• If they prove they have not abandoned (e.g., by showing they are away temporarily), the landlord cannot lawfully terminate the contract.
• Tenants can seek advice from organisations like Shelter Cymru or Citizens Advice.

Landlord Rights and Limitations

Landlords have the right to regain possession if:

• They serve Form RHW27 properly.
• The tenant does not respond within four weeks.
• They can show they had reasonable grounds for believing the property was abandoned.

However, landlords cannot:

• Evict without serving notice.
• Take possession before the four weeks expire.
• Harass the tenant to force them to leave.

Best Practice for Landlords

• Gather evidence before serving Form RHW27 (photos of empty rooms, statements from neighbours, utility account closures).
• Record all communication attempts (calls, emails, letters).
• Use the prescribed form exactly as required.
• Serve the notice clearly and keep proof.
• Wait the full four weeks before taking further action.
• Be prepared to defend your belief in abandonment if challenged.

Risks of Not Using Form RHW27 Properly

If a landlord tries to end a contract for abandonment without serving Form RHW27:

• The tenant can claim unlawful eviction.
• The landlord may face legal action or fines.
• The landlord might have to pay damages.
• Possession proceedings could be delayed or blocked.

Using Form RHW27 ensures a lawful, transparent process.

Advantages of Using Form RHW27 Properly

• Lawful, clear route to regain possession of genuinely abandoned property.
• It avoids court action in many cases.
• Protects the landlord from accusations of unlawful eviction.
• Respects tenant rights and offers them a fair chance to respond.
• Supports professional property management.

Preparing to Use Form RHW27

Landlords should:

• Carefully consider whether they have reasonable grounds to suspect abandonment.
• Collect and keep evidence.
• Complete the form fully and accurately.
• Select an acceptable service method and retain the proof of it.
• Wait at least four weeks before taking any possession steps.
• Consider seeking professional legal advice if unsure.

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 – Housing and Eviction 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 RHW27?

It is the prescribed notice that landlords in Wales must use to notify tenants of their intention to end an occupation contract due to suspected non-payment of rent.

When should landlords use Form RHW27?

When they have reasonable grounds to believe the tenant has permanently left the property without ending the contract.

What is the minimum notice period?

At least four weeks.

Can landlords evict immediately after serving Form RHW27?

No. They must wait at least four weeks and allow the tenant a chance to respond.

What if the tenant proves they haven’t abandoned?

The landlord cannot end the contract using this process.

Is serving Form RHW27 mandatory?

Yes, to lawfully end a contract on the ground of abandonment.

Can landlords face penalties for not using it?

Yes, they risk claims for unlawful eviction and other legal consequences.

Form RHW27 is essential for a lawful, fair, and transparent process to deal with suspected abandonment in Wales. Used correctly, it protects both landlords’ interests and tenants’ rights under the Renting Homes (Wales) Act 2016.

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