Form RHW29: Landlord’s Intention to End Rights and Obligations of a Joint Contract-Holder Due to Non-Occupation
Form RHW29 is a prescribed legal notice under the Renting Homes (Wales) Act 2016, designed for use by landlords when they intend to end the rights and obligations of one joint contract-holder because that person is no longer occupying the dwelling.
This form is part of the Act’s framework for managing joint occupation contracts, where multiple contract holders share the legal right to live in and be responsible for the property.
Ending one person’s rights (without ending the whole contract for everyone) requires clear legal steps. Form RHW29 is the formal notice landlords must serve to ensure transparency, fairness, and compliance with the law.
Renting Homes (Wales) Act 2016 – Context
The Renting Homes (Wales) Act 2016 replaced traditional tenancies with occupation contracts, simplifying and modernising the law.
Key features:
- Standardised rights and duties for landlords and tenants.
- Clear rules for joint contract holders, including procedures for adding or removing them, should be established.
- Prescribed forms to ensure necessary actions are communicated clearly and legally.
Form RHW29 specifically supports situations where a joint contract holder has stopped living at the property, and the landlord wants to remove them from the contract without terminating the contract for those still living there.
What Is a Joint Contract-Holder?
A joint contract-holder is one of two or more people who share a single occupation contract.
All joint contract-holders:
- Have equal rights to occupy the dwelling.
- Are jointly and severally responsible for paying rent and complying with the contract.
- Must be notified if the landlord takes specific legal steps (like ending the contract).
Joint contracts help people share housing (e.g. couples, friends, housemates).
Why Remove a Joint Contract-Holder for Non-Occupation?
Sometimes, a joint contract-holder may:
- Move out permanently.
- Abandon their responsibilities.
- Leave other contract-holders covering all the rent and obligations.
The Renting Homes (Wales) Act 2016 allows landlords to remove the non-occupying joint contract holder without ending the whole contract for everyone else.
Landlords must use a prescribed legal process, which starts with Form RHW29.
What Is Form RHW29?
Form RHW29 is the formal notice landlords must use to inform a joint contract holder that they intend to terminate that person’s rights and obligations under the occupation contract because the person no longer occupies the dwelling.
Key features:
- Notifies the non-occupying joint contract-holder of the landlord’s intention.
- Sets out the legal grounds (non-occupation).
- It gives a minimum one-month notice period.
- Protects tenant rights by ensuring fair warning and an opportunity to respond.
When Should Landlords Use Form RHW29?
Landlords should use Form RHW29 only when:
- The occupation contract is joint.
- One of the joint contract-holders has ceased to occupy the dwelling as their only or principal home.
- The landlord wants to remove only that person from the contract—not end the whole contract.
It is not used for:
- Ending the whole occupation contract.
- Removing joint contract-holders for rent arrears, antisocial behaviour, or other breaches (which have different forms).
- Abandonment by all contract-holders.
Legal Requirements Before Using Form RHW29
To use Form RHW29 lawfully, landlords must:
- Have reasonable grounds to believe the joint contract-holder has ceased to occupy the property.
- Complete the prescribed form accurately.
- Give at least one month’s notice.
- Serve the notice correctly.
Failing to meet these requirements risks making the notice invalid.
What Does “Non-Occupation” Mean?
Non-occupation means the joint contract-holder:
- He has permanently moved out.
- They no longer use the property as their only or principal home.
- He has no genuine intention of returning.
Examples:
- Moving in with a partner elsewhere permanently.
- Leaving the country for good.
- Abandoning the shared arrangement without telling others.
Temporary absences (such as holidays, hospital stays, or work trips) do not qualify.
Contents of Form RHW29
Form RHW29 must include:
- Landlord’s name and contact details.
- Names of all joint contract-holders.
- Address of the dwelling.
- Name of the joint contract-holder the landlord intends to remove.
- A clear statement of the landlord’s belief that this person is no longer occupying the property.
- The date on which the landlord proposes the person’s rights and obligations will end (at least one month ahead).
- Advice on the joint contract holder’s right to seek independent help or challenge the notice.
Minimum Notice Period
Landlords must give at least one month’s notice.
Key points:
- The date in the notice must be at least one month after the date of service.
- Landlords cannot shorten this period.
- The notice period allows the joint contract-holder time to respond, challenge, or demonstrate that they still occupy the property.
How to Serve Form RHW29
Proper service is essential for validity.
Landlords can serve Form RHW29 by:
- Handing it in person.
- Posting it to the joint contract holder’s last known address.
- Leaving it at the dwelling if that is still their last known address.
Best practice:
- Keep proof of service (certificate of posting, photos of delivery).
- Retain a signed copy for records.
What Happens After Serving Form RHW29?
After serving Form RHW29:
- The joint contract holder has at least one month before their rights and obligations come to an end.
- They can challenge the landlord’s claim they have stopped occupying the property.
- If they provide evidence they still live there, the landlord cannot remove them.
- If they do not challenge or prove occupation, their rights and obligations under the contract end on the date specified in the notice.
Tenant Rights
The joint contract-holder receiving Form RHW29 has the right to:
- Be given at least one month’s notice.
- Know exactly why the landlord believes they have stopped occupying.
- Challenge the notice by showing evidence they still occupy the property.
- Seek advice from Shelter Cymru, Citizens Advice, or legal professionals.
Other Joint Contract-Holders
The other joint contract-holders:
- Remain on the occupation contract.
- Continue to have rights to occupy the dwelling.
- Remain responsible for rent and obligations (with the removed person no longer liable after the notice period).
Landlords should communicate clearly with all joint contract holders to maintain trust and understanding.
Landlord Obligations After Removal
Once the notice period ends and the joint contract holder’s rights are ended:
- The landlord cannot demand rent or compliance from that person.
- The occupation contract continues with the remaining joint contract holders.
- The landlord must continue meeting all obligations to the remaining tenants (repairs, safety standards, etc.).
Best Practice for Landlords
- Confirm non-occupation with clear evidence (neighbour statements, lack of belongings, utility account closures).
- Document all communication attempts.
- Use Form RHW29 exactly as prescribed.
- Serve the notice properly and keep proof.
- Be respectful and professional in all communication.
- Avoid harassment or intimidation.
Risks of Misusing Form RHW29
If a landlord serves Form RHW29 without valid grounds:
- The tenant can successfully challenge the notice.
- The landlord may face legal action for breach of contract or harassment.
- Trust with remaining joint contract holders may be damaged.
- Reputation as a professional landlord may suffer.
Advantages of Using Form RHW29 Correctly
- Provides a clear and legal way to remove a non-occupying joint contract holder.
- It avoids ending the entire contract unnecessarily.
- Protects landlord income by retaining responsible tenants.
- Complies with the Renting Homes (Wales) Act 2016.
- Demonstrates professionalism and respect for tenant rights.
Preparing to Use Form RHW29
Landlords should:
- Confirm there is clear evidence of non-occupation.
- Communicate openly with the other joint contract-holders.
- Complete Form RHW29 carefully and accurately.
- Choose an appropriate service method.
- Keep copies and proof of service.
- Consider legal advice for complex situations.
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 RHW29?
It is the prescribed notice that Welsh landlords must use to end the rights and obligations of one joint contract holder who has stopped living in the property.
When should landlords use Form RHW29?
When they believe a joint contract holder has permanently stopped occupying the dwelling and wants to remove them without terminating the entire contract.
What is the minimum notice period?
At least one month.
Can landlords remove someone immediately?
No. They must give at least one month’s notice using Form RHW29.
What if the joint contract-holder disputes the notice?
They can show evidence they still occupy the property, which prevents removal.
Do other joint contract-holders stay on the contract?
Yes. The contract remains in effect for them as before.
Is legal advice recommended?
Yes, especially for complex shared living situations.
Form RHW29 provides a fair, transparent, and lawful way for landlords to manage joint occupation contracts when one party has moved out—while protecting tenant rights and maintaining stability for those who remain.
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