Abolition of Section 21: What It Means for Tenants in Wales

Major changes to the law in Wales mean that renters have more security than ever before. The end of so-called 'no-fault' evictions—known officially as Section 21 notices—gives tenants in Wales stronger rights and greater peace of mind. This article breaks down what this change means for you as a renter, the main forms and steps involved, and where you can find official help.

What Was Section 21, and Why Has It Been Abolished in Wales?

Section 21 was a legal process under the Housing Act 1988 that allowed landlords to evict tenants at the end of a fixed term—or during a periodic tenancy—without having to give any reason. This created a lot of uncertainty for renters. However, with the introduction of the Renting Homes (Wales) Act 2016¹, the Welsh Government has abolished Section 21 'no-fault' evictions. This means that landlords can no longer simply ask tenants to leave without a valid reason.

What Does This Change Mean for Renters?

The abolition of Section 21 makes your tenancy more secure. Here's how it affects your rights:

• Eviction with valid grounds only: Your landlord must now provide a legitimate reason—such as serious rent arrears or breach of contract—to end your tenancy.
• Longer notice periods: Standard contract holders must generally be given six months' notice for "no-fault" evictions, and landlords can only issue notice after six months of the tenancy (except for serious breaches).
• Increased clarity and fairness in eviction procedures: All processes must be transparent and follow the updated Welsh law.

For ongoing or new tenancies, most private renters in Wales are now 'contract-holders' rather than 'tenants,' with updated rights and protections.

Eviction Under the New Rules: What Are the Grounds?

Landlords can now only seek to end your tenancy (known as an 'occupation contract') using one of the reasons set out in the Renting Homes (Wales) Act 2016. These may include:

• Serious rent arrears
• Anti-social behaviour
• Breach of your occupation contract
• Other grounds permitted under Welsh law

For most renters, as long as you comply with your contract, you cannot be evicted without a valid and proven reason.

Key Forms and How They Affect Renters

• RHW20 – Notice Seeking Possession: This is the notice landlords must use to end a standard occupation contract for a valid reason. An example: Your landlord believes you've breached your contract due to property damage, so they serve an RHW20 notice. See the RHW20 official form on the Welsh Government's site.
• RHW23 – Notice of Termination by Contract-Holder: If you wish to end your contract, this is the form you use. Example: You’re moving for work and want to give proper notice. Download the RHW23 form from the official source.
• Court forms (N5B Wales): If your landlord applies to court for possession, they may use this form. As a renter, you will receive court paperwork and can submit a defence. Access N5B Wales court form and guidance at GOV.UK.

If you receive any form, it’s important to read it carefully and seek advice as needed.

Who Handles Renting Disputes in Wales?

Most tenancy disputes, including eviction cases, are decided by the County Court (for possession proceedings) and Residential Property Tribunal Wales for other housing disputes. The Tribunal is independent and can help resolve issues relating to your renting rights.

What About Rent Increases?

Landlords must follow strict rules on increasing rent. If you believe a rent increase is unfair, you may challenge it by applying to the Rent Assessment Committee via the Residential Property Tribunal Wales. Always review any notice for rent increases and act promptly.

Action Steps for Renters Facing Eviction

• Check the notice type and whether the correct form (e.g., RHW20) has been used
• Verify your landlord has followed the correct notice period and provided a valid ground for eviction
• Gather any evidence (emails, texts, photos) related to your tenancy
• Respond in writing if you wish to contest the notice and attend any court or tribunal hearing if required
• Contact a qualified support service or visit the Welsh Government Housing portal for more information

Timely action gives you the best chance of protecting your rights and your home.

Frequently Asked Questions

1. What protections do I have against eviction now that Section 21 is gone in Wales?
   Landlords must now provide a valid legal reason to evict you, such as rent arrears or contract breaches, and must follow updated procedures set out in Welsh housing law.
2. Can my landlord still increase my rent?
   Yes, but only by following proper notice and legal procedures. If you think a rent increase is unfair, you can apply to the Rent Assessment Committee through the Residential Property Tribunal Wales.
3. What should I do if I receive a notice seeking possession?
   Check the notice form (like RHW20), ensure correct procedures have been followed, and seek advice from a tenant support service. You may be able to challenge the notice if it’s incorrect or unfair.
4. How do I end my tenancy if I need to move?
   Use the RHW23 form to give the required notice to your landlord. Make sure you provide the correct amount of notice as stated in your occupation contract.
5. Which tribunal or court deals with eviction notices in Wales?
   The County Court handles possession proceedings (evictions), and the Residential Property Tribunal Wales addresses other renting disputes and rent challenges.

Key Takeaways for Renters

• The end of Section 21 means more secure tenancies for renters in Wales.
• Evictions now require clear legal grounds and proper notice periods.
• Familiarise yourself with official forms like RHW20 and RHW23 and seek assistance if you receive an eviction notice.

Remember, staying informed and acting quickly gives you the best chance to uphold your rights under the new rules.

Need Help? Resources for Renters

• Welsh Government Housing – Official guidance on renting and recent legislation
• Residential Property Tribunal Wales – Apply for rent assessment or dispute resolution
• Shelter Cymru – Free confidential housing advice for renters
• Citizens Advice Wales (Housing) – Support and guidance for tenants

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1. Renting Homes (Wales) Act 2016 – The principal legislation governing renting, occupation contracts, and eviction rules in Wales.
2. RHW20 Notice Form, Welsh Government
3. RHW23 Notice Form, Welsh Government
4. Residential Property Tribunal Wales
5. Court Possession Form N5B Wales

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