Form RHW36: End of Probation Period – Prohibited Conduct Standard Contract Form RHW36 is a prescribed legal notice under the Renting Homes (Wales) Act 2016, used by landlords in Wales to notify a contract-holder that the probation period under a Prohibited Conduct Standard Contract has come to an end. A Prohibited Conduct Standard Contract is a special form of occupation contract that a court imposes when a tenant has committed prohibited conduct (such as serious antisocial behaviour or criminal activity). It includes additional terms to manage behaviour and protect the community. But this more restrictive form of contract is not meant to last forever. The Renting Homes (Wales) Act 2016 requires landlords to formally confirm when the probation period ends and the contract converts back to the standard form. Form RHW36 is the official notice used for this purpose, ensuring clarity and compliance with the law. Renting Homes (Wales) Act 2016 – Context The Renting Homes (Wales) Act 2016 replaced traditional tenancies with occupation contracts, aiming to: Standardise rights and responsibilities. Strengthen tenant protections. Provide tools to address serious misconduct without defaulting to eviction. One of these tools is the Prohibited Conduct Standard Contract. What Is a Prohibited Conduct Standard Contract? A Prohibited Conduct Standard Contract is an occupation contract imposed by a court order when a tenant has: Engaged in serious antisocial behaviour. Harassed neighbours or co-tenants. Committed criminal offences linked to the property. Key features include: Additional terms to prevent further prohibited conduct. A probation period (usually fixed by the court) during which the tenant must demonstrate improved behaviour. Court-enforceable conditions designed to safeguard the community. It offers an alternative to eviction, giving tenants a chance to stay if they comply. Why Have a Probation Period? The probation period is intended to: Provide a clear warning period with stricter rules. Give the tenant a chance to change their behaviour. Allow landlords and the community to feel protected. Avoid the hardship and disruption of eviction where improvement is possible. If the tenant meets the required standard of behaviour during the probation period, the contract automatically converts back to a standard occupation contract with fewer restrictions. What Is Form RHW36? Form RHW36 is the prescribed notice landlords must use to formally notify the tenant that the probation period of their Prohibited Conduct Standard Contract has ended. Key features: Confirms the date on which the probation period ends. Informs the tenant that their contract has converted back to a standard occupation contract. Ensures clarity about the tenant’s rights and responsibilities going forward. When Should Landlords Use Form RHW36? Landlords must use Form RHW36 when: The probation period under a Prohibited Conduct Standard Contract has ended. The tenant has complied with the terms during the probation period (i.e., no further prohibited conduct or breach of conditions). The contract is now converting back to a standard occupation contract automatically. It is not used: To end a tenancy or evict a tenant. To extend or impose new probation periods. For non-occupation or rent arrears issues. Legal Requirements Before Using Form RHW36 To use Form RHW36 properly, landlords must ensure: The probation period has reached its expiry date. There is no ongoing prohibited conduct or breach that justifies further court action. The notice is served promptly to confirm the change in contract status. This ensures compliance with the Renting Homes (Wales) Act 2016, which requires transparency about contract changes. Contents of Form RHW36 Form RHW36 must include: The landlord’s name and contact details. The tenant’s name and address. The address of the dwelling. The date the probation period ended. Confirmation that the contract has converted back to a standard occupation contract. A clear statement explaining the effect of this change, including the removal of the additional terms imposed during probation. How to Complete Form RHW36 Landlords must: Fill in all details accurately, including the precise dates. Avoid altering any prescribed wording. Clearly state the new legal status of the contract. Accuracy is essential for legal validity and clarity for the tenant. How to Serve Form RHW36 Landlords must serve Form RHW36 in a valid way to ensure the tenant receives it. Service methods can include: In-person delivery. Posting it to the property address. Using any method specified in the occupation contract. Best practice: Keep proof of service (postal receipts, delivery photos). Retain a signed copy in landlord records. Minimum Notice Period There is no set minimum notice period for Form RHW36. However, landlords must: Serve it promptly after the probation period ends. Ensure the tenant is informed as soon as the conversion takes effect. This prevents confusion about which contract terms now apply. Why Is Serving Form RHW36 Important? Serving Form RHW36 is essential to: Formally confirm the end of the probation period. Make clear to the tenant that the stricter terms no longer apply. Avoid disputes about rights and obligations. Demonstrate compliance with the Renting Homes (Wales) Act 2016. Failure to serve the notice properly may result in confusion or legal disputes about the tenant’s rights. What Happens After Serving Form RHW36? Once served: The probation period officially ends on the date specified. The contract automatically converts to a standard occupation contract. The tenant regains the stronger security and standard rights under the law. Any additional terms imposed during the Prohibited Conduct Standard Contract are no longer enforceable. Tenant Rights Tenants receiving Form RHW36 have the right to: Clear written confirmation that their probation period has ended. Understand that they now have a standard occupation contract with full protections. Know that stricter terms and conditions no longer apply. Continue living in the property under the usual tenancy rules. Landlord Obligations Landlords must: Serve Form RHW36 promptly at the end of the probation period. Accurately complete the notice. Respect the tenant’s standard rights after conversion. Cease enforcing any additional probation conditions. Best Practice for Landlords Monitor conduct carefully during the probation period. Keep clear records of behaviour and compliance. Serve Form RHW36 immediately when the period ends if no further issues exist. Communicate respectfully with the tenant about the change. Support the tenant in continuing positive behaviour. Maintain all normal landlord obligations (repairs, safety, etc.). Risks of Not Using Form RHW36 Correctly Improper use or failure to serve the form can lead to: Confusion about the tenant’s rights and obligations. Disputes over whether stricter terms still apply. Potential claims of unfair treatment or breach of contract. Damage to landlord reputation and trust. Advantages of Using Form RHW36 Correctly Provides certainty for both landlord and tenant. Clearly ends the probation period and removes special restrictions. Respects the tenant’s rights under the Renting Homes (Wales) Act 2016. Demonstrates professional, fair management. Encourages ongoing good behaviour by recognising tenant improvement. Preparing to Use Form RHW36 Landlords should: Confirm the probation period end date. Review conduct records to ensure no further action is needed. Complete Form RHW36 fully and accurately. Choose a valid service method and keep proof. Update property management records to reflect the new contract status. 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 RHW36? It is the prescribed notice landlords must use to tell a tenant their probation period under a Prohibited Conduct Standard Contract has ended. When should landlords use Form RHW36? When the probation period expires and the tenant’s contract converts back to a standard occupation contract. Does Form RHW36 end the tenancy? No. It confirms the continuation of the tenancy as a standard occupation contract. What happens to the additional probation terms? They no longer apply once the contract converts. Can landlords extend the probation period instead? No. The probation period is set by the court and cannot be extended unilaterally. Is legal advice recommended? Yes, especially for landlords managing multiple or complex tenancies. Form RHW36 is a vital part of the Renting Homes (Wales) Act 2016 framework, ensuring landlords handle the end of probation periods lawfully, clearly, and fairly while respecting tenants’ rights.

Form RHW36: End of Probation Period – Prohibited Conduct Standard Contract

/ BLA Wales / By /

Form RHW36: End of Probation Period – Prohibited Conduct Standard Contract

Form RHW36 is a prescribed legal notice under the Renting Homes (Wales) Act 2016, used by landlords in Wales to notify a contract-holder that the probation period under a Prohibited Conduct Standard Contract has come to an end.

A Prohibited Conduct Standard Contract is a special form of occupation contract that a court imposes when a tenant has committed prohibited conduct (such as serious antisocial behaviour or criminal activity). It includes additional terms to manage behaviour and protect the community.

But this more restrictive form of contract is not meant to last forever. The Renting Homes (Wales) Act 2016 requires landlords to formally confirm when the probation period ends and the contract converts back to the standard form.

Form RHW36 is the official notice used for this purpose, ensuring clarity and compliance with the law.

Renting Homes (Wales) Act 2016 – Context

The Renting Homes (Wales) Act 2016 replaced traditional tenancies with occupation contracts, aiming to:

  • Standardise rights and responsibilities.
  • Strengthen tenant protections.
  • Provide tools to address serious misconduct without defaulting to eviction.

One of these tools is the Prohibited Conduct Standard Contract.

What Is a Prohibited Conduct Standard Contract?

A Prohibited Conduct Standard Contract is an occupation contract imposed by a court order when a tenant has:

  • Engaged in serious antisocial behaviour.
  • Harassed neighbours or co-tenants.
  • Committed criminal offences linked to the property.

Key features include:

  • Additional terms to prevent further prohibited conduct.
  • A probation period (usually fixed by the court) during which the tenant must demonstrate improved behaviour.
  • Court-enforceable conditions are designed to safeguard the community.

It offers an alternative to eviction, giving tenants a chance to stay if they comply.

Why Have a Probation Period?

The probation period is intended to:

  • Provide a clear warning period with stricter rules.
  • Give the tenant a chance to change their behaviour.
  • Allow landlords and the community to feel protected.
  • Avoid the hardship and disruption of eviction where improvement is possible.

If the tenant meets the required standard of behaviour during the probation period, the contract automatically converts back to a standard occupation contract with fewer restrictions.

What Is Form RHW36?

Form RHW36 is the prescribed notice landlords must use to formally notify the tenant that the probation period of their Prohibited Conduct Standard Contract has ended.

Key features:

  • Confirm the date on which the probation period ends.
  • Informs the tenant that their contract has converted back to a standard occupation contract.
  • Ensures clarity about the tenant’s rights and responsibilities going forward.

When Should Landlords Use Form RHW36?

Landlords must use Form RHW36 when:

  • The probation period under a Prohibited Conduct Standard Contract has ended.
  • The tenant has complied with the terms during the probation period (i.e., no further prohibited conduct or breach of conditions).
  • The contract is now converting back to a standard occupation contract automatically.

It is not used:

  • To end a tenancy or evict a tenant.
  • To extend or impose new probation periods.
  • For non-occupation or rent arrears issues.

Legal Requirements Before Using Form RHW36

To use Form RHW36 properly, landlords must ensure:

  • The probation period has expired.
  • There is no ongoing prohibited conduct or breach that justifies further court action.
  • The notice is served promptly to confirm the change in contract status.

This ensures compliance with the Renting Homes (Wales) Act 2016, which requires transparency about contract changes.

Contents of Form RHW36

Form RHW36 must include:

  • The landlord’s name and contact details.
  • The tenant’s name and address.
  • The address of the dwelling.
  • The date the probation period ended.
  • Confirmation that the contract has converted back to a standard occupation contract.
  • A clear statement explaining the effect of this change, including the removal of the additional terms imposed during probation.

How to Complete Form RHW36

Landlords must:

  • Fill in all details accurately, including the precise dates.
  • Avoid altering any prescribed wording.
  • Clearly state the new legal status of the contract.

Accuracy is essential for legal validity and clarity for the tenant.

How to Serve Form RHW36

Landlords must validly serve Form RHW36 to ensure the tenant receives it.

Service methods can include:

  • In-person delivery.
  • Posting it to the property address.
  • Using any method specified in 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

There is no set minimum notice period for Form RHW36.

However, landlords must:

  • Serve it promptly after the probation period ends.
  • Ensure the tenant is informed as soon as the conversion takes effect.

This prevents confusion about which contract terms now apply.

Why Is Serving Form RHW36 Important?

Serving Form RHW36 is essential to:

  • Formally confirm the end of the probation period.
  • Make clear to the tenant that the stricter terms no longer apply.
  • Avoid disputes about rights and obligations.
  • Demonstrate compliance with the Renting Homes (Wales) Act 2016.

Failure to serve the notice properly may result in confusion or legal disputes about the tenant’s rights.

What Happens After Serving Form RHW36?

Once served:

  • The probation period officially ends on the date specified.
  • The contract automatically converts to a standard occupation contract.
  • The tenant regains stronger security and standard rights under the law.
  • Any additional terms imposed during the Prohibited Conduct Standard Contract are no longer enforceable.

Tenant Rights

Tenants receiving Form RHW36 have the right to:

  • Explicit written confirmation that their probation period has ended.
  • Understand that they now have a standard occupation contract with full protections.
  • Know that stricter terms and conditions no longer apply.
  • Continue living in the property under the usual tenancy rules.

Landlord Obligations

Landlords must:

  • Serve Form RHW36 promptly at the end of the probation period.
  • Accurately complete the notice.
  • Respect the tenant’s standard rights after conversion.
  • Cease enforcing any additional probation conditions.

Best Practice for Landlords

  • Monitor conduct carefully during the probation period.
  • Keep clear records of behaviour and compliance.
  • Serve Form RHW36 immediately when the period ends if no further issues exist.
  • Communicate respectfully with the tenant about the change.
  • Support the tenant in continuing positive behaviour.
  • Maintain all normal landlord obligations (repairs, safety, etc.).

Risks of Not Using Form RHW36 Correctly

Improper use or failure to serve the form can lead to:

  • Confusion about the tenant’s rights and obligations.
  • Disputes over whether stricter terms still apply.
  • Potential claims of unfair treatment or breach of contract.
  • Damage to the landlord’s reputation and trust.

Advantages of Using Form RHW36 Correctly

  • Provides certainty for both landlord and tenant.
  • It ends the probation period and removes special restrictions.
  • Respect the tenant’s rights under the Renting Homes (Wales) Act 2016.
  • Demonstrates professional, fair management.
  • Encourages ongoing good behaviour by recognising tenant improvement.

Preparing to Use Form RHW36

Landlords should:

  • Confirm the probation period end date.
  • Review conduct records to ensure no further action is needed.
  • Complete Form RHW36 fully and accurately.
  • Please select a valid service method and retain the proof of it.
  • Update property management records to reflect the new contract status.

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

FAQ

What is Form RHW36?

It is the prescribed notice that landlords must use to inform a tenant that their probation period under a Prohibited Conduct Standard Contract has ended.

When should landlords use Form RHW36?

When the probation period expires, the tenant’s contract converts back to a standard occupation contract.

Does Form RHW36 end the tenancy?

No. It confirms the continuation of the tenancy as a standard occupation contract.

What happens to the additional probation terms?

They no longer apply once the contract converts.

Can landlords extend the probation period instead?

No. The court sets the probation period, and it cannot be extended unilaterally by the probationer.

Is legal advice recommended?

Yes, especially for landlords managing multiple or complex tenancies.

Form RHW36 is a vital part of the Renting Homes (Wales) Act 2016 framework, ensuring landlords handle the end of probation periods lawfully, clearly, and fairly while respecting tenants’ rights.

The British Landlords Association is a national landlord association for UK landlords and one of the most significant 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

Related Posts

Shopping Basket