Do You Have to Keep Paying Rent After an Eviction Notice in Wales?

If you’re renting in Wales and your landlord has served you an eviction notice, it can be a stressful and confusing time. One of the most common questions is whether you must continue paying rent after receiving a notice to leave. Understanding how Welsh law works in these situations will help you protect your rights and avoid unnecessary problems.

Understanding Eviction Notices in Wales

In Wales, the rules around evictions are set by the Renting Homes (Wales) Act 2016 and its amendments. Most private renters now have an ‘occupation contract’ rather than the old assured shorthold tenancy. When a landlord wants you to leave, they must follow certain legal steps.

• No-Fault Eviction: Usually, landlords use a ‘Section 173 notice’ to end an occupation contract without claiming you’ve done anything wrong.
• For-Breach Notices: If you’ve seriously broken your contract, they may use a ‘Section 157 notice’ (for serious rent arrears or other breaches).

For any type of notice, the landlord must give you the correct notice period and use the right form. You do not have to leave until a court order is obtained.

Are You Still Liable for Rent After Receiving an Eviction Notice?

Yes, you are legally responsible for paying rent up to the day you leave the property, even after receiving an eviction notice. This applies unless:

• You reach a formal agreement to end your contract early with your landlord (called ‘surrender’).
• A court has ended your contract and ordered you to leave on a specific date.

If you stop paying rent during the notice period, your landlord can claim the unpaid amount from your deposit, or through further legal action.

What Happens If You Don’t Leave After the Notice Period?

If you stay after the notice period has expired, your landlord must apply to the courts for a possession order. During this period, you still need to pay your rent until the date you actually move out, or until the court ends your contract.

Example: Section 173 Notice (No-Fault Eviction)

• Form Used: Notice under section 173 of the Renting Homes (Wales) Act 2016 (see official guidance)
• When Used: When a landlord wants you to leave without a particular breach.
• What to Do: Continue paying your rent as usual until you leave or until the occupation contract lawfully ends.

Other forms for eviction, such as Section 157 (serious rent arrears), work similarly in terms of your rent responsibility.

Who Handles Tenancy Disputes in Wales?

If you disagree with an eviction or are facing difficulties with your landlord, you may end up dealing with the County Court. This court handles possession claims and rent arrears cases for residential renters in Wales.

Action Steps for Renters After Receiving an Eviction Notice

• Read your notice thoroughly. Check the notice period and details match those required under the Renting Homes (Wales) Act 2016.
• Continue to pay your rent until you leave or until a court ends your contract.
• Seek advice if you believe your notice is invalid.
• Keep records of payments and communications with your landlord.

FAQ: Renters’ Questions About Paying Rent After an Eviction Notice in Wales

1. Do I still have to pay rent if I’ve been given a Section 173 notice?
   Yes, rent must be paid up to the date you leave or your contract is officially ended, even after receiving a Section 173 notice.
2. If my landlord serves an eviction notice, can I stop paying rent?
   No. You must continue paying rent as usual until your contract is ended either by moving out or by a court order.
3. What happens to unpaid rent after eviction?
   Your landlord can deduct unpaid rent from your deposit or pursue you for the debt through court action.
4. Who can I talk to if I think my eviction notice is unfair or unlawful?
   You can contact Shelter Cymru, Citizens Advice, or your local council housing department for help with your specific circumstances.
5. Can my landlord refuse to accept rent after notice is served?
   Landlords should not refuse rent. You are still liable. Keep proof if payment is refused and seek advice.

Key Takeaways

• You must pay rent after an eviction notice in Wales until your contract officially ends or you move out.
• The eviction process does not immediately end your contract—notice periods and possibly court involvement apply.
• Always seek independent advice and keep records if problems arise with rent or eviction notices.

Need Help? Resources for Renters

• Shelter Cymru – Free specialist housing advice for tenants in Wales
• UK Government: Evicting Tenants in Wales – Official guidance on eviction notices and processes
• Citizens Advice Wales: Housing – General and legal advice for renters
• The County Court – The tribunal that handles eviction and possession cases in Wales
• Renting Homes (Wales) Act 2016 – Full text of current occupation contract law

1. Renting Homes (Wales) Act 2016: see official legislation
2. Welsh Government Form Guidance: Evicting tenants in Wales
3. Court Possession Guidance: County Court