Form RHW22: Notice of Termination – Fixed Term Standard Contract within Schedule 9B to the Renting Homes (Wales) Act 2016

Form RHW22 is an official legal notice used by landlords in Wales who wish to terminate a Fixed Term Standard Contract by Schedule 9B of the Renting Homes (Wales) Act 2016.

This form is a key part of the framework introduced by the 2016 Act, which replaced traditional tenancies in Wales with clear, modern occupation contracts. Understanding when and how to use Form RHW22 is crucial for landlords who wish to terminate a fixed-term arrangement lawfully, transparently, and fairly.

Below is a detailed explanation of what Form RHW22 is, when landlords should use it, the legal requirements involved, and practical advice for navigating this process.

The Renting Homes (Wales) Act 2016 – Background

The Renting Homes (Wales) Act 2016 came into force to modernise and simplify renting in Wales.

Key features of the Act include:

• Replacing traditional tenancies with occupation contracts.
• Introducing standardised forms and clear legal rules for ending contracts.
• Protecting both landlords and tenants through clear, transparent processes.

There are several types of occupation contracts under the Act, with the Fixed Term Standard Contract being common in private renting.

What Is a Fixed-Term Standard Contract?

A Fixed Term Standard Contract is an occupation contract agreed for a specific period—such as six months or a year. Unlike periodic contracts (which roll on indefinitely), a fixed-term contract ends on a specified date.

However, even during the fixed term, there are lawful ways a landlord may seek to end the contract early, including under Schedule 9B of the Act.

What Is Schedule 9B?

Schedule 9B of the Renting Homes (Wales) Act 2016 outlines special conditions that permit landlords to terminate a Fixed Term Standard Contract early.

Schedule 9B applies in specific circumstances. It provides a route to regain possession during a fixed term by serving a notice if:

• The landlord has a genuine intention to move in.
• The landlord intends to make the property available to certain groups (like former service personnel).
• Other permitted grounds set out in the Schedule are met.

Schedule 9B exists to strike a balance between tenant security and the legitimate needs of landlords.

What Is Form RHW22?

Form RHW22 is the prescribed notice a landlord must use to terminate a Fixed Term Standard Contract under the terms of Schedule 9B.

Key features:

• It is the formal written notice required by law.
• It informs the contract holder that the landlord is terminating the contract in accordance with Schedule 9B.
• It specifies the date on which the contract will end.
• It sets out the landlord’s reasons and basis under Schedule 9B.

Without serving Form RHW22 correctly, a landlord cannot lawfully rely on Schedule 9B to regain possession of the property.

When Should Welsh Landlords Use Form RHW22?

Landlords should use Form RHW22 only when:

• They have a Fixed Term Standard Contract with the tenant.
• They intend to end the contract during its fixed term on a ground allowed under Schedule 9B.
• They can demonstrate the required basis (e.g., by moving in themselves or making the property available for a permitted purpose).

Form RHW22 is not used for:

• Ending periodic contracts.
• Ending fixed-term contracts at their natural expiry without specific Schedule 9B grounds.
• Evicting for rent arrears (which requires different notices).

Landlords must confirm that Schedule 9B applies before serving Form RHW22.

Legal Requirements Before Using Form RHW22

To use Form RHW22 lawfully, landlords must ensure:

• The ground relied on is genuinely available and fits within Schedule 9B.
• They can evidence their intentions (for example, planned occupation by the landlord or eligible family member).
• They serve the correct minimum notice period (as defined in the Act and Regulations).
• They use the prescribed form without omissions or errors.

Errors in the notice can render it invalid, potentially delaying or blocking a possession claim.

Contents of Form RHW22

Form RHW22 contains:

• Details of the landlord and contract-holder.
• The property address.
• The date the notice is served.
• The date the contract is to end.
• The ground under Schedule 9B is being relied on.
• A clear statement of the landlord’s intention (e.g., landlord’s planned occupation).
• The tenant’s right to seek advice.

The form is designed to be clear and transparent so tenants understand the reasons for being asked to leave.

How to Serve Form RHW22

Landlords must serve Form RHW22 properly to make it effective.

Key points:

• It must be given in writing on the prescribed form.
• It can be delivered in person, by post, or by another legally acceptable method.
• The landlord should keep proof of service, such as postal receipts or signed acknowledgements.
• It must allow for the minimum required notice period.

Failure to serve the notice correctly can render it invalid.

Minimum Notice Period for Form RHW22

The Renting Homes (Wales) Act 2016 and Regulations specify the minimum notice period landlords must give when serving Form RHW22 under Schedule 9B.

Generally, landlords are required to provide at least two months’ notice, although specific situations outlined in Schedule 9B may vary.

Landlords should carefully check the relevant legislation or seek legal advice to ensure the correct notice period is applied.

Grounds Allowed Under Schedule 9B

Schedule 9B sets out strict grounds under which a landlord may end a Fixed Term Standard Contract early.

Examples include:

• The landlord intends to occupy the property as their principal residence.
• The landlordThe landlord intends to make it available to specific classes of people (e.g., service personnel and workers tied to a particular employment arrangement).
• Situations specified by law to serve a social policy purpose.

The grounds are not designed for general convenience or minor landlord preferences—they must meet the statutory conditions.

Importance of Genuine Intention

For landlords relying on Schedule 9B and using Form RHW22, genuine intention is essential.

Courts can refuse possession if they believe the landlord does not genuinely intend to use the property as claimed.

Evidence might include:

• Proof of planned occupation.
• Employment changes necessitating the move.
• Arrangements for intended occupants.

Dishonest or strategic use of Form RHW22 to remove tenants without objective justification is not permitted and may constitute unlawful eviction.

What Happens After Serving Form RHW22?

After Form RHW22 is served:

• The tenant (contract-holder) remains liable for rent until the notice expires.
• The tenant has the right to leave on or before the expiry date.
• If the tenant does not leave, the landlord can apply to the court for a possession order.

The landlord cannot evict without a court order.

The Court Process Following Form RHW22

If the tenant does not vacate after the notice period:

• The landlord files a claim for possession in the county court.
• The court examines whether Form RHW22 was served correctly and whether the ground under Schedule 9B is valid.
• Both landlord and tenant can present evidence.
• If the court is satisfied, it grants a possession order specifying the date by which the tenant must vacate.

If the tenant refuses to comply, the landlord can apply for a warrant of possession for bailiffs to evict.

Tenant Rights and Defences

Tenants served with Form RHW22 can challenge it if:

• The landlord did not have a genuine intention under Schedule 9B.
• The landlord served the notice incorrectly or used the wrong form.
• The minimum notice period was not given.
• The landlord breached other statutory duties (e.g., property not fit for habitation).

Landlords should prepare to address these potential challenges in court.

Best Practice for Landlords

To use Form RHW22 responsibly:

• Ensure Schedule 9B genuinely applies.
• Document intentions clearly (e.g., evidence of planned occupation).
• Use the prescribed form without alteration.
• Serve with the correct notice period.
• Maintain respectful, professional communication with tenants.
• Avoid threats or harassment.

Eviction should always be treated as a last resort, striking a balance between the rights of landlords and the security of tenants.

Risks of Incorrect Use

Misusing Form RHW22 can lead to:

• Dismissal of possession claims.
• Court costs.
• Delays in regaining possession.
• Accusations of unlawful eviction or harassment.
• Damage to landlord’s reputation.

Careful compliance with the law is essential.

Advantages of Correct Use

When appropriately used, Form RHW22 offers:

• A lawful route to regain possession when Schedule 9B grounds apply.
• Clear, transparent communication with tenants.
• Judicial enforcement of possession.
• Protection of landlord rights in exceptional circumstances.

It helps ensure the renting system remains fair, balanced, and predictable.

Preparing to Use Form RHW22

Before serving Form RHW22, landlords should:

• Review Schedule 9B to ensure the ground applies.
• Gather evidence of their intentions.
• Confirm the correct minimum notice period.
• Complete the form fully and accurately.
• Select a valid service method and retain the proof.

Professional legal advice is strongly recommended.

FAQ

What is Form RHW22?

It is the prescribed notice landlords in Wales must use to terminate a Fixed Term Standard Contract early under Schedule 9B of the Renting Homes (Wales) Act 2016.

When should landlords use Form RHW22?

When they have a Fixed Term Standard Contract, and the circumstances in Schedule 9B apply (e.g., genuine intention to move in).

What is the minimum notice period?

Typically at least two months, but landlords must check the exact requirements under Schedule 9B and regulations.

Can a landlord evict without a court order after using a Rent Warrant (RHW22)?

No. If the tenant refuses to leave, the landlord must apply for a court order to obtain possession.

What happens if the tenant leaves before the notice expires?

The contract ends on the agreed date or earlier if both parties agree.

What if the landlord lies about their intentions?

Tenants can challenge this in court. Landlords may face legal penalties for unlawful eviction.

Is legal advice required?

It is not legally required but strongly recommended to ensure compliance with complex rules.

Form RHW22 is a critical legal tool, enabling landlords to terminate a Fixed Term Standard Contract early in specific, justified circumstances, as outlined in Schedule 9B. Used responsibly, it strikes a balance between landlord needs and tenant protections, maintaining a fair and lawful rental system in Wales.

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