Form RHW32: Landlord’s Intention to Apply for an Order Ending a Joint Contract-Holder’s Rights and Obligations Due to Prohibited Conduct
Form RHW32 is a prescribed legal notice under the Renting Homes (Wales) Act 2016, used by landlords in Wales to formally inform a joint contract-holder that they intend to apply to the court to end that person’s rights and obligations under the occupation contract because of prohibited conduct.
This is a serious legal step designed to address cases where one joint contract holder has behaved in a manner that makes it unreasonable for them to continue living in the property alongside the other joint contract holders.
Form RHW32 is part of the Act’s framework that balances the rights of all occupiers with the need to maintain safety and good order in shared homes.
Renting Homes (Wales) Act 2016 – Context
The Renting Homes (Wales) Act 2016 replaced traditional tenancy agreements with occupation contracts, standardising rights and responsibilities.
Key goals include:
- Protecting contract-holders from unfair eviction.
- Providing clear processes for landlords to address serious breaches.
- Allowing landlords to take action against prohibited conduct without evicting other innocent occupiers.
Prohibited conduct typically refers to antisocial or criminal behaviour that affects others’ ability to live safely and peacefully on the property.
What Is a Joint Contract-Holder?
A joint contract-holder is one of two or more people who share a single occupation contract.
Key features:
- All joint contract-holders have equal rights to occupy the dwelling.
- They are jointly and severally responsible for paying rent and complying with the contract.
- Shared legal responsibilities create a shared interest in maintaining good conduct.
What Is Prohibited Conduct?
Under the Renting Homes (Wales) Act 2016, prohibited conduct generally includes:
- Serious antisocial behaviour.
- Harassment of neighbours or co-tenants.
- Criminal behaviour in or near the property.
- Violence or threats towards other occupiers.
Landlords are allowed (and expected) to take action to protect the safety and welfare of other occupiers when prohibited conduct occurs.
Why Would a Landlord Use Form RHW32?
Form RHW32 is used when:
- A landlord intends to ask the court to terminate the rights of one joint contract holder due to their prohibited conduct.
- The landlord does not want to terminate the entire occupation contract for all joint contract holders.
- The aim is to protect other occupants while minimising the need for unnecessary evictions.
This process helps landlords deal with problem tenants without penalising innocent housemates.
What Is Form RHW32?
Form RHW32 is the prescribed notice that landlords must serve before applying to the court to end a joint contract holder’s rights.
Key features:
- It informs the person of the landlord’s intention to apply to the court.
- It sets out the grounds (prohibited conduct) for the application.
- It allows the joint contract-holder to respond or improve behaviour before court action is taken.
It ensures due process and prevents landlords from acting unilaterally without warning.
When Should Landlords Use Form RHW32?
Landlords should use Form RHW32 only when:
- The occupation contract is joint.
- One joint contract holder has engaged in prohibited conduct.
- The landlord intends to apply to the court to end that person’s rights and obligations under the contract without ending it for everyone else.
It is not used for:
- Ending the entire contract.
- Removing someone for non-occupation (which uses Forms RHW29 and RHW30).
- Rent arrears (which use other notices and processes).
Legal Requirements Before Using Form RHW32
Before serving Form RHW32, landlords must:
- Have reasonable grounds for believing the joint contract-holder has engaged in prohibited conduct.
- Use the prescribed form exactly as required.
- Include all legally required information.
- Serve the notice properly.
Failure to meet these requirements can result in the court rejecting the application.
Contents of Form RHW32
Form RHW32 must include:
- The landlord’s details.
- Details of all joint contract-holders.
- The address of the rented dwelling.
- The name of the joint contract-holder whose rights the landlord intends to end.
- A clear statement explaining the prohibited conduct involved.
- Notice that the landlord intends to apply to the court for an order ending that person’s rights and obligations.
- Information about the tenant’s right to seek independent advice.
This ensures the person is fully informed about the landlord’s intentions and the reasons.
Minimum Notice Period
While there is no fixed statutory minimum period specified for Form RHW32 itself, landlords should allow the joint contract holder a reasonable amount of time to understand the notice, seek advice, and respond.
The court will expect evidence that the landlord acted fairly and gave genuine notice before applying.
How to Serve Form RHW32
Service must be clear and legally acceptable.
Landlords can serve Form RHW32 by:
- Delivering it in person.
- Posting it to the property address.
- Using any service method agreed in the occupation contract.
Best practice:
- Keep proof of service (such as postal receipts and delivery photos).
- Retain signed copies of the form.
What Happens After Serving Form RHW32?
After serving Form RHW32:
- The landlord cannot immediately remove the person from the premises.
- The joint contract holder can respond, improve their behaviour, or contest the landlord’s claim.
- The landlord must then apply to the court if they want to formally end that person’s rights and obligations.
Only the court can terminate the joint contract-holder’s rights under this process.
Court Application Following Form RHW32
If the landlord proceeds:
- They submit an application to the court explaining the prohibited conduct.
- The court will consider evidence from both the landlord and the joint contract-holder.
- The court can grant an order terminating the joint contract holder’s rights and obligations.
- The remainder of the contract applies to the remaining joint contract-holders.
The aim is to protect other tenants while maintaining stable housing arrangements.
Tenant Rights
The joint contract-holder receiving Form RHW32 has the right to:
- Know exactly why the landlord intends to apply to court.
- Receive clear, written notice in the prescribed form.
- Respond to the landlord before any court action is taken.
- Contest the landlord’s claim in court.
- Seek legal advice or support from organisations like Shelter Cymru or Citizens Advice.
Responsibilities of Remaining Joint Contract-Holders
If the court grants an order ending one person’s rights:
- The other joint contract-holders continue on the same occupation contract.
- Their rent and obligations remain in force.
- They are no longer responsible for sharing the rent or duties with the removed person.
This supports stable living for the innocent occupiers.
Landlord Obligations
Landlords must:
- Have genuine evidence of prohibited conduct.
- Use Form RHW32 exactly as prescribed.
- Serve the form properly.
- Allow time for the tenant to respond before court action.
- Apply to court and obtain an order before removing anyone.
Best Practice for Landlords
- Document the prohibited conduct carefully (photos, written statements, police reports if relevant).
- Communicate clearly with other joint contract-holders.
- Use Form RHW32 with complete accuracy.
- Serve the notice professionally and retain a copy for your records.
- Avoid harassment or threats.
- Seek legal advice before applying to court.
Risks of Misusing Form RHW32
Improper use can result in:
- The court refused to grant the order.
- Accusations of unlawful eviction or harassment.
- Damaged landlord reputation.
- Loss of trust among other tenants.
Advantages of Using Form RHW32 Correctly
- Lawful, clear process to remove a joint contract-holder whose behaviour is unacceptable.
- Protects the safety and well-being of other occupiers.
- Maintains the contract for those who comply with it.
- Complies with the Renting Homes (Wales) Act 2016.
- Demonstrates professional management.
Preparing to Use Form RHW32
Landlords should:
- Gather strong evidence of prohibited conduct.
- Ensure RHW32 is completed fully and accurately.
- Select a valid service method and maintain accurate records.
- Notify other joint contract-holders to manage expectations.
- Plan for potential court proceedings.
- Consider seeking legal advice.
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 RHW32?
It is the prescribed notice that Welsh landlords must use to inform a joint contract holder that they intend to apply to the court to end their rights due to prohibited conduct.
When should landlords use Form RHW32?
When a joint contract-holder has engaged in serious antisocial or criminal behaviour, and the landlord wants to remove them while keeping the contract for others.
Can landlords remove someone immediately after serving a RHW32 notice?
No. They must apply to court and get an order.
What is prohibited conduct?
Serious antisocial behaviour, harassment, criminal activity, or threats that disrupt peaceful occupation.
Do other joint contract-holders stay on the contract?
Yes. Their rights and obligations continue unchanged.
Is legal advice recommended?
Yes, especially for serious or contested cases.
Form RHW32 is a crucial tool under the Renting Homes (Wales) Act 2016, enabling landlords to address serious tenant misconduct fairly and lawfully while protecting the rights of innocent joint contract-holders and maintaining stable housing.
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