What Does Form RHW1 in Wales Do? When Should It Be Used by Welsh Landlords?
Renting property in Wales is now governed by a different legal framework than in England. Since December 2022, the Renting Homes (Wales) Act 2016 has fundamentally changed how landlords operate.
One of the essential requirements under this legislation is the use of Form RHW1, a document that landlords must serve when registering a deposit in a government-approved scheme.
In this detailed guide, we will explain what Form RHW1 is, when and why landlords in Wales need to use it, and how it forms part of the wider legal duties under the Renting Homes (Wales) Act 2016 and associated deposit protection rules.
Understanding Form RHW1
Form RHW1 is the statutory “Prescribed Information” document that a landlord or letting agent in Wales must serve on a tenant when they take a tenancy deposit.
It is a specific form required by law in Wales under the Renting Homes (Wales) Act 2016 and the Renting Homes (Deposit Schemes) (Required Information) (Wales) Regulations 2022.
The purpose of this form is to ensure that tenants are fully informed about where their deposit is held and how to get it back at the end of the tenancy.
In essence, RHW1 is the formal written notice to the tenant explaining:
The details of the authorized deposit protection scheme used
The amount of the deposit
The address of the rented property
The landlord’s or agent’s contact details
How to apply for the deposit’s return
What happens in case of a dispute over deductions
The circumstances in which the deposit may be retained
This form is not optional. The law states it must be given to the tenant within a certain timeframe, and failure to do so carries significant penalties.
The Legal Context: Renting Homes (Wales) Act 2016
Before the Renting Homes (Wales) Act came into force, Welsh landlords operated under broadly the same rules as England, with assured shorthold tenancies and deposit protection under the Housing Act 2004.
However, since December 2022, Wales has its own system. There are no longer “tenancies” in the old sense. Instead, there are occupation contracts, and landlords are called contract-holders.
This new system still requires deposits to be protected in an approved scheme, just like in England. But the regulations also specifically mandate the service of Form RHW1 as the Prescribed Information document in Wales. This is how landlords comply with their legal duty to inform tenants about their deposit protection.
Why Is Form RHW1 Necessary?
The aim of the form is consumer protection. A deposit is the tenant’s money, held in trust against potential damage or rent arrears. By law, the landlord cannot simply hold it themselves without protection.
Approved tenancy deposit schemes exist to:
Prevent landlords from unfairly withholding deposits
Resolve disputes quickly through free adjudication
Ensure deposits are safely held and returned promptly
By requiring landlords to serve Form RHW1, the Welsh Government ensures tenants know:
Exactly where their money is kept
How they can claim it back
How they can dispute any deductions
This transparency protects both sides. Landlords have clear rules to follow, and tenants have a straightforward way to enforce their rights.
When Must Landlords Use Form RHW1?
The requirement to serve Form RHW1 arises every time a tenancy deposit is taken for an occupation contract in Wales. Specifically, the landlord must:
Protect the deposit in a government-authorised scheme
Serve Form RHW1 within 30 calendar days of receiving the deposit
The 30-day period is strict. If the landlord fails to serve the form in time, they are in breach of the deposit protection legislation.
Additionally, Form RHW1 must also be served again if:
The deposit is transferred from one scheme to another
The landlord’s details change
Any of the other required information changes
This means even if a tenancy (occupation contract) is renewed or continues periodically, landlords must check whether fresh RHW1 notices are required.
Authorized Tenancy Deposit Schemes in Wales
There are several government-approved tenancy deposit schemes in Wales. These include custodial and insurance-backed schemes. Landlords can choose which to use, but whichever scheme is selected, they must:
Pay the deposit into the scheme (or buy insurance for it in the case of insurance schemes)
Complete and serve Form RHW1 with accurate details about the scheme
Without RHW1, even if the deposit is protected in the scheme, the landlord is non-compliant.
Penalties for Failing to Serve Form RHW1
The Renting Homes (Wales) Act and associated regulations impose serious consequences if a landlord fails to serve Form RHW1 properly.
Penalties include:
A financial penalty payable to the tenant, of up to three times the deposit amount
Loss of the ability to serve a Landlord’s Notice to End Contract (formerly a Section 21 equivalent) until the deposit breach is remedied
The courts have no discretion to waive these penalties simply because the landlord forgot or did not know. The requirement is strict liability. This is why serving RHW1 correctly and on time is essential.
How Should Landlords Serve Form RHW1?
Landlords or their agents should:
Complete the RHW1 form fully and accurately
Provide a physical paper copy or an electronic copy (with tenant agreement) to the tenant
Do this within 30 days of receiving the deposit
Best practice is to serve it as soon as the deposit is taken and protected, to avoid missing the deadline.
Electronic service is permitted, but only if the tenant has agreed to receive documents this way. Otherwise, a printed and signed copy is the safest method.
What Information Must Form RHW1 Contain?
Form RHW1 has prescribed content set by Welsh regulations. The required information includes:
Name and contact details of the landlord and any managing agent
The address of the rented property
The amount of the deposit paid
The name and details of the authorised deposit scheme
The circumstances in which the deposit may be retained (e.g., for unpaid rent or damage)
Procedures for getting the deposit back at the end of the occupation contract
Details of the dispute resolution service
Confirmation that the landlord has complied with the deposit protection requirement
Landlords should ensure that all information is correct and up to date. Errors or omissions can invalidate the notice and lead to penalties.
Best Practice for Landlords
To comply with the Renting Homes (Wales) Act and avoid penalties, landlords in Wales should adopt these best practices:
Always protect the deposit promptly after receiving it
Choose a government-authorized deposit protection scheme
Complete Form RHW1 carefully with all required details
Serve Form RHW1 within the statutory 30-day period
Retain evidence of service (signed acknowledgements, emails with read receipts, etc.)
Review details at every renewal or change to ensure new RHW1 forms are served if required
By following these steps, landlords demonstrate professionalism, ensure compliance, and reduce the risk of costly legal action.
How Form RHW1 Differs from England’s Prescribed Information
It is important to note that while Wales and England both require landlords to protect deposits and serve “Prescribed Information,” they now use different legal forms and frameworks.
In England, landlords provide the Prescribed Information under the Housing Act 2004, typically in the form the scheme itself provides. In Wales, Form RHW1 is the specific statutory form under the Renting Homes (Wales) Act.
Landlords with properties in both countries must ensure they use the correct form in each jurisdiction.
Consequences for Letting Agents
Letting agents acting on behalf of landlords also have responsibilities. If they receive the deposit, they must ensure it is protected and that Form RHW1 is served within 30 days.
Failure by the agent to do so can result in liability for penalties. Landlords should check that their agents are fully aware of these requirements.
Conclusion
Form RHW1 is a critical legal requirement for landlords and agents in Wales. It is the formal notice that ensures tenants know exactly where their deposit is protected, how to get it back, and what to do if there is a dispute.
Under the Renting Homes (Wales) Act 2016, landlords must serve Form RHW1 within 30 days of receiving any deposit. Failure to do so can lead to substantial financial penalties and can prevent landlords from regaining possession of their property.
Welsh landlords should treat this obligation with the utmost seriousness, build it into their processes, and keep careful records of serving Form RHW1 to stay fully compliant with the law.
Frequently Asked Questions (FAQ)
What is Form RHW1?
Form RHW1 is the statutory Prescribed Information landlords in Wales must serve on tenants when taking a deposit. It explains where the deposit is protected, how to recover it, and the terms under which deductions can be made.
When should landlords serve Form RHW1?
Within 30 calendar days of receiving the deposit from the tenant. This deadline is strict and failure to comply triggers penalties.
What happens if I don’t serve Form RHW1 in time?
You may have to pay the tenant up to three times the deposit amount as a penalty. Additionally, you may lose the ability to serve notice to end the occupation contract until the breach is remedied.
Can I serve Form RHW1 by email?
Yes, but only if the tenant agrees to receive documents electronically. Otherwise, you must serve a paper copy.
Do I need to use Form RHW1 if I use a custodial or insurance scheme?
Yes. Regardless of the type of approved scheme you use, you must serve Form RHW1 with the scheme details.
Do I need to serve RHW1 again if the contract is renewed?
Yes, if any of the information changes, you must serve an updated RHW1. Best practice is to review and re-serve at renewal or when moving to periodic status.
What if the letting agent collects the deposit?
Agents acting on the landlord’s behalf must also comply with the protection rules and service of RHW1. Both landlords and agents can be held liable if they fail to do so.
How do I get Form RHW1?
Form RHW1 is available from Welsh Government sources and approved tenancy deposit schemes operating in Wales. Always use the most up-to-date version to ensure compliance.
Can I be taken to court for not serving RHW1?
Yes. Tenants can apply to court for financial penalties, and the court must impose them if you are in breach.
By understanding and properly using Form RHW1, landlords in Wales can protect themselves from legal disputes and ensure a professional, compliant renting experience for both side.
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