Notice to other joint contract-holders of the landlord’s intention to apply for an order ending a joint contract-holder’s rights and obligations due to prohibited conduct.

 Form RHW33: Notice to other joint contract-holders of the landlord’s intention to apply for an order ending a joint contract-holder’s rights and obligations due to prohibited conduct.

/ BLA Wales / By /

Form RHW33: Notice to Other Joint Contract-Holders of the Landlord’s Intention to Apply for an Order Ending a Joint Contract-Holder’s Rights and Obligations Due to Prohibited Conduct

Form RHW33 is a prescribed legal notice under the Renting Homes (Wales) Act 2016. It is used by landlords in Wales to formally notify all other joint contract-holders that the landlord intends to apply to the court to terminate one joint contract-holder’s rights and obligations under the occupation contract due to prohibited conduct.

This form ensures transparency and protects the rights of all occupants by ensuring they are aware of any serious legal action that may affect their shared home.

Below is a detailed guide on what Form RHW33 is, when and how to use it, the legal requirements involved, and best practices for landlords in Wales.

Renting Homes (Wales) Act 2016 – Background

The Renting Homes (Wales) Act 2016 replaced traditional tenancies with occupation contracts, standardising rules and rights.

Key features:

  • Equal and clear rights for all contract-holders.
  • Joint contracts allow multiple people to share responsibility for the same dwelling.
  • Strong protections against unfair or hidden eviction.

When one joint contract holder engages in prohibited conduct, landlords can seek to remove them from the contract via court order without terminating the entire agreementt. Form RHW33 is part of the legal process that enables this process to be conducted fairly and transparently.

What Is a Joint Contract-Holder?

A joint contract holder is one of two or more people sharing an occupation contract.

Key points:

  • All joint contract-holders have equal rights to occupy the property.
  • They share responsibility for paying rent and complying with the contract.
  • They are equally affected by any changes to the occupation contract.

What Is Prohibited Conduct?

Prohibited conduct under the Renting Homes (Wales) Act 2016 includes:

  • Serious antisocial behaviour.
  • Harassment or intimidation of neighbours or co-tenants.
  • Criminal activity in or near the property.
  • Violence or threats that undermine safety.

This behaviour can make it unreasonable or unsafe for other occupants to live with the individual who is causing the issue.

Why a Person’s Landlord Applies to End One Person’s Rights?

A landlord might choose to remove one joint contract-holder for prohibited conduct to:

  • Protect other residents from harassment or violence.
  • Maintain the tenancy for responsible joint contract-holders.
  • Avoid evicting everyone for the actions of one person.

This approach strikes a balance between the rights of other occupiers and the need to address serious misconduct.

What Is Form RHW33?

Form RHW33 is the prescribed notice landlords must use to tell all other joint contract-holders that they intend to apply to the court to remove one person because of prohibited conduct.

Key features:

  • Notifies those who will remain on the contract if the landlord’s order.
  • Explains the landlord’s plan to apply to the court.
  • Identifies the joint contract holder whose rights will be ended.
  • Sets out the reason: prohibited conduct.

When Should Landlords Use Form RHW33?

Landlords should use Form RHW33 when they intend to serve Form RHW32 on the joint contract holder whose removal they seek, and they must notify the other joint contract holders.

Specifically:

  • The occupation contract must be joint.
  • The landlord believes one joint contract holder has engaged in prohibited conduct.
  • The landlord plans to apply to the court to remove that person while the others stay.

Form RHW33 is not used to:

  • End the entire occupation contract.
  • Remove someone for non-occupation (which uses Forms RHW29 and RHW30).
  • Deal with rent arrears or breach of other terms.

Legal Requirements Before Using Form RHW33

Landlords must:

  • Have reasonable evidence of prohibited conduct by the targeted joint contract holder.
  • Decide to pursue a court order to remove that person (using Form RHW32).
  • Notify all other joint contract-holders using Form RHW33.
  • Use the prescribed form exactly as required.

Failure to meet these requirements can undermine the entire legal process.

Contents of Forlandlord’s RHW33 must include:

  • The landlord’s name and contact details.
  • The names of all joint contract-holders.
  • The address of the rented dwelling.
  • The name of the joint contract holder whose rights and obligations the landlord intends to end.
  • A clear statement of the prohibited conduct involved.
  • Notice that the landlord wants to apply to the contract-holders about other joint contract-holders’ rights to seek advice.

This ensures transparency about the landlord’s intentions and reasons.

How to Serve Form RHW33

Landlords must serve Form RHW33 on each of the other joint contract-holders individually.

Service methods can include:

  • In-person delivery.
  • Post 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 for records.

Minimum Notice Period

While there is no specific minimum notice period for Form RHW33 itself, landlords should serve it at the same time as, or before, Form RHW32 to ensure that other joint contract holders are fully informed before court proceedings begin.

Courts will expect landlords to demonstrate that they provided fair and timely notice to all affected occupants.

Why Serve Form RHW33?

Form RHW33 ensures:

  • Other joint contract holders are not surprised by the legal action.
  • Everyone sharing the property is informed about serious conduct issues.
  • Joint contract-holders can seek advice from the landlord or support the landlord’s application if they agree with it.
  • Transparency and fairness in landlord-tenant relationships.

What Happens After Serving Form RHW33?

After serving Form RHW33:

  • The other joint contract holders are aware that the landlord is applying to remove one person for engaging in prohibited conduct.
  • They can seek advice or prepare for court proceedings.
  • The landlord can proceed to apply to the court to remove the offending joint contract holder (via RHW32).

Court Application Following Form RHW33

When the landlord applies to the court:

  • The court will consider evidence of prohibited conduct.
  • The targeted joint contract holder can contest the application.
  • The other joint contract-holders can also provide evidence or statements.
  • The court can grant an order removing only the offending person from the contract.

The remaining joint contract-holders continue on the occupation contract as usual.

Tenant Rights

All joint contract-holders have the right to:

  • Recelandlord’snotice (Form RHW33) of the landlord’s intention.
  • Understand who is being targeted and why.
  • Seek independent housing advice.
  • Participate in any court proceedings if you choose.
  • Remain on the contract if the court removes the offending person.

Landlord Obligations

Landlords must:

  • Have strong evidence of prohibited conduct.
  • Use Forms RHW32 and RHW33 exactly as prescribed.
  • Serve notices properly on all joint contract-holders.
  • Allow time for tenants to seek advice before the court.
  • Avoid harassment or intimidation.

Best Practice for Landlords

  • Document prohibited conduct clearly (photos, witness statements, police reports).
  • Communicate professionally with all tenants.
  • Serve Form RHW32 on the offending joint contract holder.
  • Serve Form RHW33 on all other joint contract-holders.
  • Keep detailed records of service.
  • Seek legal advice for complex cases.

Risks of Misusing Form RHW33

Improper use can result in:

  • The court is refusing to allow the application; the landlord’s tenants are challenging the landlord’s conduct.
  • Accusations of harassment or discrimination.
  • Damaged reputation as a landlord.
  • Unnecessary conflict with remaining joint contract-holders.

Advantages of Using Form RHW33 Correctly

  • Protects the rights of innocent joint contract-holders.
  • Ensures full transparency.
  • Builds trust by informing everyone of serious issues.
  • Supports successful legal action against disruptive tenants.
  • Complies with the Renting Homes (Wales) Act 2016.

Preparing to Use Form RHW33

Landlords should:

  • Gather and organise evidence of prohibited conduct.
  • Identify all joint contract holders.
  • Complete Form RHW33 fully and another’s.
  • Serve it properly to each other’s joint contract holder.
  • Retain proof of service.
  • Plan for court proceedings.
  • Consider professional 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

FAQ

What is Form RHW33?

It is the prescribed notice that landlords must give to all other joint contract holders when they plan to apply to the court to remove one joint contract holder for engaging in prohibited conduct.

When should landlords use Form RHW33?

When serving Form RHW32 on the offending joint contract holder, and preparing to apply to court.

Who receives Form RHW33?

All other joint contract-holders will remain on the contract if the court ggrants anyone’sorder.

Does Form RHW33 end anyone’s rights?

No. It is purely a notice of intention. The court decides whether to end rights.

What is prohibited conduct?

Serious antisocial or occupiers ‘ behaviour that affects other occupiers’ safety and comfort.

Is legal advice recommended?

Yes, especially for complex or contested cases.

Form RHW33 is a crucial component of the Renting Homes (Wales) Act 2016 procedures, ensuring that landlords manage joint occupation fairly and transparently while protecting the rights and well-being of all residents.

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