Form RHW37: Extension of Probation Period (Prohibited Conduct Standard Contract)

Form RHW37 is a prescribed legal notice under the Renting Homes (Wales) Act 2016, used by landlords in Wales to formally notify a contract-holder that they are extending the probation period of a Prohibited Conduct Standard Contract.

The court imposes a Prohibited Conduct Standard Contract on tenants who have engaged in prohibited conduct, such as serious antisocial behaviour or criminal acts. It contains additional terms aimed at controlling and preventing further misconduct.

The probation period is a defined period during which the tenant’s behaviour is closely monitored. By law, landlords can extend this probation period if there is a good reason, but they must do so formally using Form RHW37.

Renting Homes (Wales) Act 2016 – Context

The Renting Homes (Wales) Act 2016 replaced traditional tenancies with Assured Shorthold Tenancies.

Key goals include:

• Standardising rights and responsibilities.
• Protecting tenants and communities.
• Providing fair tools for managing serious misconduct without immediate eviction.

A Prohibited Conduct Standard Contract allows landlords to impose stricter conditions on tenants whose behaviour has previously threatened the safety or well-being of others.

What Is a Prohibited Conduct Standard Contract?

A Prohibited Conduct Standard Contract is an occupational contract:

• Imposed by a court order following evidence of prohibited conduct.
• It contains additional terms designed to control antisocial or criminal behaviour.
• Includes a probation period during which the tenant must comply with these terms.

If the tenant behaves acceptably during this period, the contract typically converts back to a standard occupation contract with normal rights.

Why Extend the Probation Period?

Sometimes, even during the probation period, there may be:

• Ongoing or repeated low-level misconduct.
• Concerns that prohibited conduct might resume if controls are lifted.
• There is a need for more time to monitor and support behaviour change.

In these cases, landlords can extend the probation period to:

• Provide the tenant with additional time to demonstrate compliance.
• Ensure continued safety for neighbours and other residents.
• Avoid the need for outright eviction proceedings.

What Is Form RHW37?

Form RHW37 is the prescribed notice landlords must use to formally tell the tenant that they are extending the probation period of their Prohibited Conduct Standard Contract.

Key features:

• Clearly states the landlord’s decision to extend the lease.
• Provides the length of the extension (subject to legal limits).
• Explains the reason for the extension.
• Ensures transparency and compliance with legal requirements.

When Should Landlords Use Form RHW37?

Landlords must use Form RHW37 only when:

• The tenant is already on a Prohibited Conduct Standard Contract.
• The existing probation period remains in effect.
• The landlord decides to extend theprobation period before it ends.

It is not used for:

• Creating a new Prohibited Conduct Standard Contract (that requires a court order).
• Extending an introductory standard contract (which uses a different form).
• Ending the probation period (which uses Form RHW36).

Legal Requirements Before Using Form RHW37

To use Form RHW37 properly, landlords must:

• Decide to extend the probation period before it expires.
• Have reasonable grounds for the extension (e.g. continuing concerns about conduct).
• Limit the extension to within the legal maximum allowed (as set by the court or by law).
• Use the prescribed form exactly as required.

Failure to follow these requirements can make the extension invalid.

Contents of Form RHW37

Form RHW37 must include:

• The landlord’s name and contact details.
• The tenant’s name and address.
• The address of the rented dwelling.
• The original start and end dates of the probation period.
• The new end date afis ter the extension.
• The length of the extension (e.g. 3 months, 6 months).
• The reason for the extension (e.g. evidence of ongoing concerns about conduct).
• Information about the tenant’s right to request a review of the decision.

How to Complete Form RHW37

Landlords must:

• Please fill in all required details completely and accurately.
• Clearly explain the reason for the extension.
• Include precise dates for the new probation period.
• Avoid changing or omitting any prescribed wording.

Careful completion is vital for legal validity.

How to Serve Form RHW37

Landlords must serve Form RHW37 correctly to ensure it has legal effect.

Service methods can include:

• In-person delivery to the tenant.
• Posting it to the tenant’s address.
• Any other method agreed upon in the occupation contract.

Best practice:

• Keep proof of service (postal receipts, photos of delivery).
• Retain a signed copy in landlord records.

Minimum Notice Period

The law requires that the tenant be notified before the existing probation period ends.

This means landlords cannot extend the period after it has already expired.

To be valid, Form RHW37 must be served:

• In advance of the original probation end date.
• With enough time for the tenant to understand the extension and their rights.

Tenant Rights

Tenants have strong protections when receiving Form RHW37:

• They must be told why the probation is being extended.
• They have the right to request a review of the decision.
• They must be informed how to request this review (typically in writing within a set timeframe, such as 14 days).
• During the review, they can present evidence and challenge the landlord’s grounds.

What Happens After Serving Form RHW37?

If the tenant does not request a review (or if the review upholds the extension):

• The stated duration lawfully extends the probation period.
• The Prohibited Conduct Standard Contract remains in effect with its stricter terms for the extended period.
• The landlord can monitor the tenant’s behaviour for longer.

If the review overturns the extension:

• The original probation period ends as initially scheduled.
• The contract converts to a standard occupation contract with full rights and benefits.

Landlord Obligations

After serving Form RHW37, landlords must:

• Honour the review process if requested.
• Conduct the review fairly and transparently.
• Communicate the review outcome.
• Respect the extended probation period if the decision is upheld.
• Continue all usual landlord obligations (repairs, safety, rent collection, etc.).

Best Practice for Landlords

• Document all evidence supporting the extension (incident logs, complaints, police reports, if any).
• Communicate concerns promptly and attempt to resolve issues informally initially.
• Provide support if appropriate (e.g. referrals to support workers).
• Use Form RHW37 exactly as prescribed.
• Serve the notice before the probation period expires.
• Keep clear records of service and review outcomes.
• Treat tenants fairly and respectfully throughout the process.

Risks of Misusing Form RHW37

Improper use or failure to follow legal requirements can result in:

• The extension is invalid.
• The probation period ends automatically.
• The contract converted prematurely to a standard occupation contract.
• Loss of the landlord’s ability to enforce stricter conditions.
• Complaints to the Ombudsman or regulator.
• Potential legal costs or reputational damage.

Advantages of Using Form RHW37 Correctly

• Provides a lawful, transparent way to extend the probation period.
• Encourages improved tenant behaviour without eviction.
• Protects other residents and the wider community.
• Supports professional tenancy management.
• Demonstrates compliance with the Renting Homes (Wales) Act 2016.
• Balances tenant rights with community safety.

Preparing to Use Form RHW37

Landlords should:

• Review the end date of the existing probation period.
• Gather clear, documented evidence supporting the need for extension.
• Decide the length of the extension (up to the legal maximum).
• Complete Form RHW37 carefully and accurately.
• Please select a valid service method and retain the proof of it.
• Clearly explain the review process to the tenant.
• Plan for possible review hearings or meetings.

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 RHW37?

It is the prescribed notice that landlords must use to formally inform a tenant that they are extending the probation period of a Prohibited Conduct Standard Contract.

When can landlords use Form RHW37?

Only before the existing probation period ends.

How long can the probation period be extended?

The extension must be within the legal maximum allowed (often set by the court originally).

Why extend the probation period?

To address ongoing concerns about behaviour without seeking eviction.

Do tenants have to accept it?

No—they have the right to request a formal review.

What happens if the extension is invalid?

The probation period ends as scheduled initially, and the contract converts to a standard occupation contract.

Is legal advice recommended?

Yes, especially for landlords managing multiple or complex tenancies.

Form RHW37 is an essential part of the Renting Homes (Wales) Act 2016 system, providing a fair, transparent, and lawful way to extend a probation period where needed, while respecting tenants’ rights and ensuring safer communities.

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