How to evict a tenant in Wales

Guide to Serving Notice in Wales: Essential Information for Landlords

Serving Notices to tenants in Wales involves understanding the updated regulations and requirements.

This guide outlines the essential steps and legal considerations landlords must know to ensure compliance and protect their rights.

All Welsh notices can be downloaded from our Welsh notices page for free. 

Understanding the “Standard Contract”

On December 1, 2022, the “Standard Contract” replaced assured shorthold tenancies in Wales. Existing assured shorthold tenancies automatically converted to Standard Contracts on this date.

Under the new Welsh law, tenants are now referred to as “Contract holders.” For simplicity, this guide will use the terms “tenancy agreement” and “tenant.”

Types of Notices for Terminating a Tenancy in Wales

There are seven types of notices landlords can use to terminate a Standard Contract in Wales:

1. Serious Rent Arrears Notice
2. Breach of Contract Notice
3. No-Fault Notice for Tenancies Starting On or After December 1, 2022
4. No-Fault Notice for Tenancies Starting Before December 1, 2022
5. No-Fault Notice to End a Fixed Term Tenancy
6. No-Fault Notice to Enforce a Break-Clause
7. Notice Due to Abandonment

No-Fault Notices

No-fault notices can only be served within the first six months of the tenancy or if the landlord has complied with specific compliance checks.

These notices are mandatory grounds for possession, meaning the court must issue a possession order if the Notice is valid.

Notice Periods Explained

2-Month Notice

The no-fault notice period is two months for tenancies that commenced before December 1, 2022, and were periodic on that date.

This period will increase to six months from June 1, 2023. A two-month notice period also applies to end a fixed-term tenancy, provided the Notice is served before the tenancy’s last day.

6-Month Notice

A six-month no-fault notice period applies to all periodic standard occupation contracts that began on or after December 1, 2022.

This includes periodic contracts arising at the end of a fixed term if the landlord does not seek possession with a two-month notice during the fixed term.

Break-Clause Notice

A six-month notice period applies if the landlord wishes to enforce a break clause to terminate a fixed-term tenancy early.

This no-fault ground notice can only be given if the fixed term is at least two years and cannot be served in the first 18 months of the tenancy.

Notices for Breach of Contract

There are specific notices for tenants breaching tenancy terms:

Serious Rent Arrears (14-Day Notice)

A notice can be served if a tenant has serious rent arrears, defined as two months’ worth of rent or more.

This notice period is 14 days but can be extended. It should be served alongside a notice for any breach of tenancy to provide a fallback if the tenant reduces the arrears.

Any Other Breach

Notice can be served for breaches other than serious rent arrears, such as antisocial behaviour or false statements made by the tenant to obtain the tenancy.

The notice period for any other breach is one month, while no notice period is required for anti-social behaviour.

Legal Compliance and Documentation

Landlords must ensure compliance with all legal requirements and use the correct forms when serving notices.

This includes specific forms for different types of notices, such as Form RHW17 for two-month no-fault notices and Form RHW16 for six-month no-fault notices.

Understanding and adhering to the regulations for serving Notice in Wales is crucial for landlords to manage their properties effectively and legally.

By following this guide, landlords can ensure they meet all legal requirements and handle tenancy terminations smoothly.

Guide to Serving Notice in Wales

A “Standard Contract” is the most common agreement between a private landlord and tenant of residential property.

It replaced assured shorthold tenancies on December 1, 2022, and existing assured shorthold tenancies are automatically converted to “Standard Contracts” on this date.

Tenants are now called “Contract-Holders” under the new Welsh law. To simplify things, we’ll refer to a “Standard Contract” as a tenancy agreement in this guidance and the “Contract Holder” as a tenant.

There are 3 other types of tenancies in Wales and more new forms to be used for those tenancies, but it is unlikely we will be dealing with anything other than a “Standard Contract”.

There are 7 types of notices that can be used to terminate a Standard Contract:

1. Notice on the ground of serious rent arrears.

2. Notice on grounds of any other breach of contract by the tenant.

3. No-fault Notice for a tenancy commenced on or after December 1 2022.

4. No-fault Notice for a tenancy which commenced before December 1 2022.

5. No-fault Notice to end a fixed-term tenancy.

6. No-fault Notice to enforce a break-clause.

7. Notice due to abandonment.

No Fault Notices

No-fault notices cannot be served within the first six months of the tenancy commencing or where the landlord has not complied with the requirements referred to in our compliance check.

No-fault notices are mandatory grounds for possession. This means that as long as the Notice is valid, the Court must make a possession order.

2 Months’ Notice

If the tenancy commenced before December 1 2022 and was a periodic tenancy on that date, then the no fault notice period is 2 months (Form RHW17). However, this notice period will increase to six months, from June 1 2023.

A 2-month notice period applies to no-fault Notice served to end a fixed term tenancy, the Notice must be served before the last day of the tenancy.

6-Month Notice

All periodic standard occupation contracts that began on or after December 1, 2022, are subject to a six-month no-fault notice (Form RHW16) period.

This includes periodic standard contracts that arise at the end of a fixed-term standard contract (if the landlord doesn’t seek possession at the end of the fixed term by issuing a two-month no-fault notice during the fixed term).

Break-Clause Notice (6-Month Notice)

A six-month notice (Form RHW24) period applies where the landlord wishes to enforce a break clause to terminate the fixed-term tenancy early. This is a no-fault ground.

This Notice can only be given if the fixed term of the tenancy is at least 2 years. This Notice cannot be given in the first 18 months of the tenancy.

Notice for Breach of Contract

There are two notices to be served about a tenant breaching the tenancy terms.

Serious Rent Arrears (14-Day Notice)

A notice (Form RHW20) can be served on the tenant where 2 months’ worth of rent or more is outstanding. This is regarded as “serious rent arrears”.

The notice period for a notice served based on serious rent arrears is 14 days (the landlord can give more, but not less than 14 days’ Notice).

This is because if the tenant brings the rent arrears below 2 months’ worth, the serious rent arrears notice cannot be relied on, and the landlord can fall back on Notice for any other breach.

Any Other Breach

A notice seeking possession (Form RHW23) can be served on a tenant who has less than two months’ worth of rent arrears or has breached the contract in any way.

If a tenant induces the landlord to grant them the tenancy by making a false statement, the tenant is treated as having breached the terms of the tenancy.

When drafting this Notice, the Notice should refer to the specific clauses of the tenancy agreement and how the tenant has breached them.

– Anti-Social Behaviour – No notice period

– Any other Breach – 1-month notice period

Frequent Questions on Serving Notice in Wales

What is the Standard Contract in Wales?

The Standard Contract replaced assured shorthold tenancies on December 1, 2022. Existing assured shorthold tenancies converted to Standard Contracts automatically. Under this new system, tenants are referred to as “Contract-Holders.”

What types of notices can a landlord serve to end a tenancy?

Landlords can serve several types of notices, including:

1. Serious Rent Arrears Notice
2. Breach of Contract Notice
3. No-Fault Notice (both for tenancies starting before and after December 1, 2022)
4. No-Fault Notice to end a fixed-term tenancy
5. No-Fault Notice to enforce a break-clause
6. Notice due to abandonment

What is a No-Fault Notice?

A No-Fault Notice allows landlords to regain possession without providing a specific reason. It cannot be served within the first six months of a tenancy and requires the landlord to comply with certain legal requirements.

What are the notice periods for different types of notices?

• Two-Month Notice: For tenancies started before December 1, 2022, and periodic on that date. This period will increase to six months from June 1, 2023.
• Six-Month Notice: Applies to periodic contracts starting on or after December 1, 2022.
• Break-Clause Notice: Six-month Notice for terminating a fixed-term tenancy early, applicable if the fixed term is at least two years.

What is the process for serving a notice for serious rent arrears?

Landlords can serve a 14-day notice for serious rent arrears, defined as two months’ worth of unpaid rent. This Notice can be extended and should be served with a notice for any other breaches.

How does a landlord serve Notice for other breaches of the tenancy?

Landlords can serve a one-month notice for breaches other than serious rent arrears. No notice period is required for antisocial behavior.

What forms are required for serving notices?

Different types of notices require specific forms. For example:

• Form RHW17: For two-month no-fault notices.
• Form RHW16: For six-month no-fault notices.

How can landlords ensure legal compliance?

Landlords must follow all legal requirements, including using the correct forms and adhering to the specified notice periods. Compliance with these regulations ensures the process is legally sound and protects the landlord’s rights.

Where can landlords find more information?

For detailed guidance, landlords should refer to official resources and legal advice specific to their situation.

The updated regulations and requirements can be found on official Welsh government websites and through professional legal consultations.

Are there any specific requirements for serving notices for breach of contract, such as the format or content of these notices?

You need to provide a brief description of the breach in the notice.

What are the correct forms to use when serving different types of notices in Wales, and where can landlords access these forms?

Yes, there are various notices. You must use the correct notice for your particular situation. You can download all the Welsh notices from our website.

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