Form RHW7: Notice to Sub-holder of a Possession Claim Against the Contract Holder
Form RHW7 is an essential legal notice in Wales under the Renting Homes (Wales) Act 2016. It serves a clear and specific purpose: to notify a “sub-holder” (essentially a sub-tenant) that the head landlord has initiated possession proceedings against the main contract holder (the person who let them live there).
Understanding when and how to use this form is crucial for landlords in Wales to remain compliant with housing law and to ensure any eviction process proceeds lawfully.
This article explains in detail what Form RHW7 is for, when it must be used, why it is required, and how landlords in Wales should serve it. The aim is to give landlords, agents, and property managers a clear, practical guide to help avoid legal pitfalls and promote fair treatment of sub-holders.
What is Form RHW7 in Wales?
Form RHW7 is a prescribed statutory form required under the Renting Homes (Wales) Act 2016. Its formal title is “Notice to sub-holder of a possession claim against the contract holder.”
It is used by the head landlord (the owner or superior landlord of a property) to formally notify any sub-holder that they have started court proceedings to repossess the property from the contract holder (the tenant who may have sub-let to them).
Put simply, if a tenant has granted someone else the right to occupy the property—creating a sub-occupation contract—this sub-holder has legal rights. The head landlord cannot simply evict them without giving proper notice that possession proceedings are under way.
Form RHW7 exists to ensure sub-holders know exactly what is happening, why, and what their options are. It protects them from being unfairly evicted without warning.
Why Does Form RHW7 Exist?
The Renting Homes (Wales) Act 2016 recognises that sub-letting is common, whether with or without the landlord’s consent. A contract holder (the tenant) might sub-let a room, or even the whole property.
In such cases, there is a risk that the sub-holder could be evicted without knowing anything about the legal proceedings between the head landlord and the contract holder.
Form RHW7 addresses this by creating a legal requirement for landlords to notify sub-holders if they have applied to the court for possession.
The key purposes of Form RHW7 are:
To ensure sub-holders get formal, advance warning of legal action that may affect them.
To allow sub-holders to understand their rights and prepare their response.
To promote fairness and transparency in the possession process.
To ensure landlords comply with the statutory procedures in the Renting Homes (Wales) Act 2016.
Without serving this notice, landlords risk having their possession proceedings delayed or dismissed by the court.
When Must Form RHW7 Be Used?
Landlords in Wales must use Form RHW7 in a very specific situation:
After they have made a possession claim in court against the contract holder who has granted a sub-occupation contract to someone else.
This means the timing of serving Form RHW7 is important. It is not used before court action is started, but once the possession claim has been issued.
The landlord is then legally obliged to notify anyone who is a sub-holder that they are seeking possession of the dwelling.
Examples of when Form RHW7 must be used include:
A tenant has rented out a spare room to a sub-holder.
A tenant has illegally sub-let the entire property.
There is an authorised sub-let but the head landlord now wants possession.
In all these cases, the head landlord cannot simply ignore the sub-holder’s rights.
What Information Does Form RHW7 Contain?
The form itself is “prescribed,” meaning the Welsh Government has set out exactly what it must say.
Typically, Form RHW7 will include:
The name and address of the head landlord.
The address of the dwelling to which the possession claim relates.
The name of the contract holder (the tenant).
Confirmation that the landlord has issued a possession claim in court.
The court claim number (when available).
A clear statement explaining that the sub-holder is being notified of this claim.
Information on how the sub-holder can seek independent legal advice.
The standardised format ensures that all sub-holders receive clear and consistent information about the proceedings.
Why Is Serving Form RHW7 Important?
Serving Form RHW7 is not optional—it is a legal requirement. Failing to serve it properly can have serious consequences for the landlord.
If a landlord does not notify sub-holders correctly:
The court may refuse to grant possession.
Proceedings may be delayed while the landlord complies with notice requirements.
The landlord may have to pay additional legal costs.
The landlord’s reputation could be harmed, especially with local authorities or letting agents.
It undermines the fairness of the eviction process.
Form RHW7 ensures that no one is forced out of a property without fair warning or the chance to prepare.
Who Must Serve Form RHW7?
The responsibility to serve Form RHW7 rests with the head landlord. This is the person who granted the occupation contract to the main tenant (the contract holder).
It is the head landlord’s duty to check whether there is any sub-holder living in the dwelling and, if so, to serve them with Form RHW7 once possession proceedings have begun.
Letting agents acting on behalf of landlords must also be aware of these obligations and ensure they are met.
How Should Form RHW7 Be Served?
There is flexibility in how Form RHW7 can be served, but it must be delivered reliably to ensure the sub-holder actually receives it.
Common methods include:
Hand-delivering the notice to the dwelling.
Posting it to the dwelling’s address.
Using any method agreed in the contract that permits electronic delivery (for example, email).
Landlords should keep evidence of how and when they served the notice, such as:
Signed delivery receipts.
Proof of posting.
Email delivery confirmations.
This evidence can be vital in court if there is any dispute about whether the notice was properly served.
Practical Example
Consider this scenario:
Ms Evans owns a house in Swansea. She rents it to Mr Price under a standard occupation contract.
Mr Price then sub-lets the upstairs bedroom to Ms Ahmed without Ms Evans’s permission.
Mr Price falls into significant rent arrears. Ms Evans applies to court for a possession order.
Because Ms Ahmed is a sub-holder, Ms Evans must serve Form RHW7 on her to notify her of the possession proceedings.
Failure to do so could mean the court refuses to grant possession or delays the hearing while Ms Evans complies with the requirement.
Best Practice for Landlords
To avoid problems, Welsh landlords should:
Carefully check for any sub-holders living in the property before applying for possession.
Accurately identify all sub-holders and gather their details.
Use the prescribed wording of Form RHW7 exactly, without removing important information.
Serve the form promptly after starting possession proceedings.
Keep detailed records of when and how the notice was served.
By following these steps, landlords reduce the risk of delays, legal challenges, or having their possession claim rejected.
Useful External Links
Renting Homes (Wales) Act 2016 on the UK Government Legislation website
Welsh Government guidance on renting homes in Wales
Shelter Cymru advice on eviction and possession proceedings
Citizens Advice Cymru resources for housing
Rent Smart Wales information and resources for landlords
FAQs
What is a sub-holder?
A sub-holder is someone who has a sub-occupation contract granted by the main contract holder. They occupy part or all of the dwelling under that contract.
Do I always need to serve Form RHW7 if there’s a sub-holder?
Yes, if you have started possession proceedings in court against the contract holder, you must notify any sub-holder with Form RHW7.
When should I serve Form RHW7?
You serve it after you issue the possession claim in court. It is part of the process of notifying those affected that legal action is under way.
Can I email Form RHW7?
Yes, if the contract permits service by email or the sub-holder has agreed to receive notices electronically. Otherwise, it is safer to deliver it by hand or post.
What happens if I don’t serve Form RHW7?
The court may refuse to grant possession or delay the case until you comply. Failing to serve the form can seriously disrupt your ability to recover the property.
Does serving Form RHW7 end the sub-occupation contract?
No, serving the form simply notifies the sub-holder of the court proceedings. The sub-occupation contract only ends if the court grants a possession order and the head landlord recovers possession.
Do I need legal advice to use Form RHW7?
You are not required to use a solicitor, but it is good practice to get legal advice if you’re unsure. Many landlords use professional agents or solicitors to ensure all legal requirements are properly met.
Where can I get Form RHW7?
The Welsh Government provides the prescribed form on its website. Letting agents, landlord associations, and local authorities may also provide it.
Form RHW7 is an important protection for sub-holders and a vital part of lawful possession proceedings in Wales. Landlords must use it carefully to ensure they comply with the law, avoid delays, and promote fair treatment for all occupants.
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