Form RHW28: End of Occupation Contract Due to Abandonment

Form RHW28: End of Occupation Contract Due to Abandonment

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Form RHW28: End of Occupation Contract Due to Abandonment

Form RHW28 is a prescribed legal form under the Renting Homes (Wales) Act 2016 that landlords in Wales must use to formally end an occupation contract when they believe the contract holder (tenant) has abandoned the property.

Abandonment occurs when a tenant leaves the property permanently without formally ending the occupation contract. The law recognises that landlords need a way to regain possession in these cases—but also ensures strong safeguards to prevent misuse or wrongful evictions.

Form RHW28 is used after serving Form RHW27 and waiting the required period without receiving any response from the tenant. It represents the landlord’s final formal confirmation that the contract has ended due to abandonment.

Below is a detailed guide explaining what Form RHW28 is, when and how to use it, the legal requirements, and best practices for landlords in Wales.

Renting Homes (Wales) Act 2016 – Background

The Renting Homes (Wales) Act 2016 introduced occupation contracts to replace traditional tenancies in Wales.

Key goals:

  • Simplify and modernise rental law.
  • Establish clear and fair rules for both landlords and tenants.
  • Introduce prescribed forms to standardise important legal steps, such as ending contracts.

Ending a contract due to abandonment is strictly regulated to protect tenants from wrongful eviction.

What Is Abandonment?

Abandonment is when a tenant:

  • Leaves the rented property permanently.
  • Fails to formally end the occupation contract (for example, by giving proper notice or surrendering it).
  • Has no intention of returning.

This is different from:

  • Temporary absences (for work, holiday, hospital stay).
  • Short-term travel.

Landlords must have reasonable grounds to believe abandonment has taken place.

Why Is Abandonment a Problem for Landlords?

When a tenant abandons a property:

  • The landlord cannot re-let it immediately without ending the existing contract.
  • Rent may go unpaid while the property sits empty.
  • The landlord risks accusations of unlawful eviction if they take possession without following legal steps.

The law provides a clear and fair process to handle this—using Forms RHW27 and RHW28.

Form RHW27 vs. Form RHW28 – What’s the Difference?

  • Form RHW27 is the initial notice. It informs the tenant that the landlord believes the property is abandoned and warns them that the contract will end unless they respond within at least four weeks.
  • Form RHW28 is the follow-up declaration. If the tenant does not respond within the four-week notice period, the landlord serves Form RHW28 to formally confirm the contract has ended.

Form RHW28 cannot be used without first serving RHW27 and waiting the required time.

What Is Form RHW28?

Form RHW28 is the prescribed notice that confirms the landlord has ended an occupation contract due to abandonment.

Key features:

  • It serves as the landlord’s formal record that the contract has ended.
  • Must be used after the expiry of the minimum four-week period given in RHW27.
  • Confirms the landlord waited the required time without receiving a valid response.
  • Protects the landlord from accusations of unlawful eviction by showing they followed the law.

When Should Landlords Use Form RHW28?

Form RHW28 should be used only when:

  • The landlord has already served Form RHW27 on the contract holder.
  • At least four weeks have passed since serving RHW27.
  • The contract holder has not responded or provided evidence they have not abandoned the property.

Form RHW28 is not used for:

  • Ending contracts for rent arrears or breach of other terms.
  • Serving initial abandonment notices (that’s RHW27).
  • Ending periodic contracts in other ways.

Legal Requirements Before Using Form RHW28

To use Form RHW28 correctly, landlords must ensure:

  • They had reasonable grounds to suspect abandonment before serving RHW27.
  • They served Form RHW27 properly and gave at least four weeks’ notice.
  • The tenant did not respond within the four weeks.
  • They use Form RHW28 exactly as prescribed with no missing information.

If these steps are not followed, the landlord risks the notice being invalid—and any subsequent possession being deemed unlawful.

Contents of Form RHW28

Form RHW28 includes:

  • Landlord’s name and address.
  • Contract-holder’s name and last known address (usually the property itself).
  • Property address.
  • Reference to the original RHW27 notice served.
  • The date on which the four-week period expired.
  • A statement confirming that the landlord has terminated the occupation contract due tof abandonment.
  • Advice to the tenant on their right to seek independent help or advice.

The purpose is to create a clear, official record that the contract has ended in a lawful manner.

How to Complete Form RHW28

Landlords must:

  • Fill in all required details accurately.
  • Confirm the correct dates (including when RHW27 was served and when the four-week period ended).
  • Avoid altering the prescribed wording.

Accurate completion is essential to avoid legal challenges.

How to Serve Form RHW28

Unlike Form RHW27 (which must be served to notify the tenant), Form RHW28 is typically retained as the landlord’s record to confirm that the contract has ended.

However, best practice includes:

  • Posting or delivering a copy to the property address (even if believed abandoned).
  • Keeping a signed, dated copy for landlord records.
  • Documenting service (for example, certificate of posting, photos of the letter at the door).

This demonstrates the landlord acted transparently and lawfully.

What Happens After Serving Form RHW28?

After completing and serving Form RHW28:

  • The occupation contract is legally ended.
  • The landlord can take back possession of the property.
  • The landlord can change locks and secure the property.
  • The landlord can re-let to new tenants.

However, landlords should proceed cautiously if any doubt remains about abandonment. If the tenant later challenges the decision in court, the landlord must prove they followed the correct process.

Tenant Rights

Tenants have strong protections under the Act:

  • They must receive Form RHW27 with at least four weeks’ notice before Form RHW28 can be used.
  • They have the right to respond and demonstrate they haven’t abandoned.
  • They can seek advice or support from Shelter Cymru, Citizens Advice, or legal professionals.
  • If the landlord acts without proper notice or reasonable grounds, the tenant may claim unlawful eviction.

Landlord Rights and Protections

If landlords use Form RHW27 and RHW28 properly:

  • They have a clear, legal way to recover possession of an abandoned property.
  • They reduce the risk of rent loss due to empty properties.
  • They protect themselves from claims of unlawful eviction.
  • They demonstrate compliance with the Renting Homes (Wales) Act 2016.

Best Practice for Landlords

  • Gather evidence of suspected abandonment before serving RHW27 (photos of empty rooms, statements from neighbours, unpaid rent records).
  • Document all communication attempts with the tenant.
  • Use RHW27 and wait at least four full weeks for a response.
  • Complete RHW28 fully and accurately.
  • Retain clear records of all notices served and evidence collected.
  • Consider legal advice for complex cases.

Risks of Not Using Form RHW28 Properly

If a landlord ends a contract for abandonment without serving Form RHW28 correctly:

  • The tenant may claim unlawful eviction.
  • The landlord may face court action and compensation claims.
  • Possession claims may be refused or delayed.
  • The landlord’s reputation may be damaged.

Advantages of Using Form RHW28 Correctly

  • Provides a clear, lawful end to an abandoned occupation contract.
  • Ensures landlords can quickly re-let the property.
  • Reduces financial losses from empty properties.
  • Shows respect for tenant rights and legal safeguards.
  • Avoids accusations of harassment or unlawful eviction.

Preparing to Use Form RHW28

Landlords should:

  • Confirm they properly served RHW27 and waited the required four weeks.
  • Gather all evidence supporting abandonment.
  • Complete RHW28 carefully, without errors.
  • Choose a valid method to deliver or record the final notice.
  • Retain copies for future reference.

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 RHW28?

It is the prescribed form landlords use to formally confirm an occupation contract has ended due to abandonment after serving Form RHW27 and waiting four weeks.

When should landlords use Form RHW28?

After serving RHW27 and receiving no response from the tenant within the four-week notice period.

Does law require Form RHW28?

Yes. It is part of the statutory process for ending a contract on abandonment grounds under the Renting Homes (Wales) Act 2016.

Can landlords just change the locks without using RHW28?

No. That would likely be an unlawful eviction.

What evidence should landlords keep?

Photos of the empty property, neighbour statements, unpaid rent records, copies of RHW27 and RHW28, and proof of service.

Is legal advice recommended?

Yes, especially in complex or disputed cases.

Form RHW28 is an essential safeguard under the Renting Homes (Wales) Act 2016. Used correctly, it provides landlords with a clear, legal route to end an occupation contract when a property has genuinely been abandoned—while protecting tenants from wrongful or premature eviction.

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