Form RHW35: Intention to Apply for an Order Imposing a Prohibited Conduct Standard Contract
Form RHW35 is a prescribed legal notice under the Renting Homes (Wales) Act 2016. It is used by landlords in Wales to formally notify a contract-holder of their intention to apply to the court to impose a Prohibited Conduct Standard Contract because of the tenant’s prohibited conduct.
This is a serious step in the tenancy management process. A Prohibited Conduct Standard Contract allows a landlord to impose stricter terms on a tenant who has engaged in antisocial or criminal behaviour, ensuring future compliance while avoiding outright eviction.
Form RHW35 ensures tenants are fully informed about the landlord’s intentions and the grounds for the proposed change before the landlord seeks a court order.
Renting Homes (Wales) Act 2016 – Context
The Renting Homes (Wales) Act 2016 replaced traditional tenancies with occupation contracts, aiming to:
- Standardise rights and responsibilities.
- Simplify procedures.
- Provide strong protections for tenants and communities.
One of its tools is the Prohibited Conduct Standard Contract, designed for cases of serious misconduct where eviction may not be the most suitable solution, but stricter conditions are required.
What Is a Prohibited Conduct Standard Contract?
A Prohibited Conduct Standard Contract is an occupation contract that:
- Contains specific additional terms to deter and control prohibited conduct.
- It is imposed by a court order following a landlord’s application.
- Remains in force for a defined period or until varied by the court.
Examples of terms might include:
- Requirements not to harass neighbours.
- Restrictions on certain visitors.
- Mandatory meetings with support workers.
It is not an eviction. Instead, it is a formal warning with enforceable conditions.
What Is Prohibited Conduct?
Under the Act, prohibited conduct includes:
- Serious antisocial behaviour.
- Harassment or intimidation of neighbours or co-tenants.
- Criminal activities in or near the dwelling.
- Violence or threats make it unsafe for others.
This behaviour must be severe enough that the landlord believes additional contractual controls are necessary.
Why Use a Prohibited Conduct Standard Contract?
Instead of seeking outright possession, a landlord may decide to:
- Give the tenant a chance to change their behaviour.
- Protect neighbours and other residents.
- Avoid eviction, which can be disruptive and costly.
- Demonstrate a supportive but firm approach to tenancy management.
What Is Form RHW35?
Form RHW35 is the prescribed notice a landlord must serve to inform the tenant that they intend to apply to the court to impose a Prohibited Conduct Standard Contract.
Key features:
- Identifies the conduct at issue.
- Sets out the landlord’s intention to seek a court order.
- Ensures the tenant has a fair warning.
- Allows the tenant to respond or address the behaviour before court action.
When Should Landlords Use Form RHW35?
Landlords should use Form RHW35 only when:
- The tenant holds an occupation contract.
- The landlord believes the tenant has engaged in prohibited conduct.
- The landlord intends to ask the court to impose a Prohibited Conduct Standard Contract.
It is not used for:
- Ending a contract entirely.
- Removing a joint contract-holder (which uses different forms).
- Imposing conditions unilaterally without court approval.
Legal Requirements Before Using Form RHW35
Before serving Form RHW35, landlords must:
- Have reasonable grounds and evidence of the prohibited conduct.
- They will decide to apply to the court for the order.
- Use the prescribed form exactly as required by law.
- Include all legally required details.
Failure to do so can invalidate the notice or undermine the court case.
Contents of Form RHW35
Form RHW35 must include:
- The landlord’s name and contact details.
- The tenant’s name and address.
- The address of the rented dwelling.
- A clear description of the prohibited conduct that justifies the application.
- A statement that the landlord intends to apply to the court for an order imposing a Prohibited Conduct Standard Contract.
- Information about the tenant’s right to seek independent advice.
The notice must be clear and specific, not vague or generic.
How to Complete Form RHW35
Landlords must:
- Identify the behaviour in question (dates, times, nature of incidents).
- Fill in all required details accurately.
- Avoid changing or omitting any prescribed wording.
Accuracy is essential for the notice to be valid.
How to Serve Form RHW35
Service must be clear, reliable, and legally acceptable.
Methods include:
- In-person delivery to the tenant.
- Posting it to the tenant’s address.
- Any other method permitted by the occupation contract.
Best practice:
- Keep proof of service (such as postal receipts and delivery photos).
- Retain a signed copy in landlord records.
Minimum Notice Period
The Act does not set a fixed minimum notice period for RHW35 itself.
However:
- The notice must give the tenant sufficient time to understand the landlord’s intention.
- It should allow the tenant time to seek advice or address the behaviour before court proceedings begin.
The court will expect the landlord to show that the tenant received a fair warning.
Why Is Serving Form RHW35 Important?
Serving Form RHW35 is a legal requirement before applying to the court.
It ensures:
- The tenant is not taken by surprise by court action.
- The process is transparent and fair.
- The tenant can respond or change their behaviour to avoid court.
If the landlord does not serve Form RHW35 properly, the court may reject the application.
What Happens After Serving Form RHW35?
After serving the notice:
- The landlord must wait a reasonable amount of time.
- The tenant can respond, improve their behaviour, or seek help.
- If the issues are resolved, the landlord may decide not to pursue legal action in court.
- If the problems continue, the landlord can apply to the court for the order.
The tenant will be notified of any court hearing and will have the opportunity to present their case.
Court Application Following Form RHW35
If the landlord proceeds:
- They apply to the court explaining the prohibited conduct.
- The court considers evidence from both sides.
- The court can grant an order imposing a Prohibited Conduct Standard Contract with specific terms.
- The contract then continues with those terms enforceable in law.
Tenant Rights
Tenants receiving Form RHW35 have the right to:
- Understand exactly why the landlord is taking action.
- Seek independent advice (for example, from Shelter Cymru or Citizens Advice).
- Challenge the landlord’s evidence in court.
- Argue that the order is unnecessary or too harsh.
- Show that their behaviour has improved.
Landlord Obligations
Landlords must:
- Act fairly and proportionately.
- Use Form RHW35 exactly as prescribed.
- Serve it properly and keep records.
- Allow time for the tenant to respond.
- Provide evidence to the court of the prohibited conduct.
Landlords must not use threats or harassment to force a tenant to accept the conditions without court approval.
Best Practice for Landlords
- Document prohibited conduct carefully (incident logs, witness statements, police reports if applicable).
- Communicate with the tenant about concerns before serving RHW35 if safe and appropriate.
- Consider support services or mediation.
- Use RHW35 to issue a formal warning and provide an opportunity for improvement.
- Keep all records for court.
- Seek legal advice for complex or severe cases.
Risks of Misusing Form RHW35
Improper use can result in:
- The court rejected the landlord’s application.
- Claims of harassment or unfair treatment.
- Damaged landlord-tenant relationships.
- Complaints to the Ombudsman or regulators.
- Potential legal costs.
Advantages of Using Form RHW35 Correctly
- Provides a transparent and lawful process to address serious behavioural issues.
- Avoids outright eviction by setting enforceable conditions.
- Protects neighbours and the community.
- Supports the tenant in maintaining their home if they make improvements.
- Demonstrates professional, fair management.
- Complies with the Renting Homes (Wales) Act 2016.
Preparing to Use Form RHW35
Landlords should:
- Gather clear evidence of the conduct.
- Decide what specific terms they will seek in court.
- Complete Form RHW35 fully and accurately.
- Choose a valid service method.
- Allow time for the tenant to respond.
- Plan for possible court proceedings.
- Seek professional legal advice if needed.
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 RHW35?
The prescribed notice landlords must use to tell a tenant they intend to apply to the court for an order imposing a Prohibited Conduct Standard Contract.
When should landlords use Form RHW35?
When they believe the tenant has engaged in serious antisocial or criminal behaviour and want to impose stricter terms via court order.
Does serving RHW35 end the tenancy?
No. It warns of the landlord’s intention to apply to court to change the contract.
Can landlords impose the new terms themselves?
No. Only the court can order a Prohibited Conduct Standard Contract.
What if the tenant stops the behaviour?
The landlord may decide not to proceed to court.
Is legal advice recommended?
Yes, especially for severe or contested cases.
Form RHW35 is a vital part of the Renting Homes (Wales) Act 2016 process, providing a fair, transparent, and lawful way to address serious tenant misconduct while maintaining tenancy security for those willing to comply.
The British Landlords Association is a national landlord association for UK landlords and one of the largest landlord associations in the UK. The BLA is the only commercial landlords association in the UK. Join us now for £79.95!
Our top read blogs:
Is Commercial Property a Good Investment in England & Wales?
Commercial Property Rent Review Protocol
Investing in Commercial Property vs Residential Property: The Advantages and Disadvantages
