Eviction for Rent Arrears: What Renters in Wales Need to Know

Facing eviction because of rent arrears can be stressful, but understanding the process in Wales is essential. Renters have legal rights and protections, and it’s important to know what your landlord must do before eviction can take place, what notices and forms they must use, and how you can respond. This guide explains how eviction for rent arrears works in Wales in simple terms, including key steps and official resources to help you stay informed and protected.

Understanding Eviction for Rent Arrears in Wales

In Wales, most renters are now “contract-holders” under the new Renting Homes (Wales) Act 2016 (as amended by the Renting Homes (Amendment) (Wales) Act 2021). If you fall behind on your rent, your landlord must follow strict legal steps before they can evict you.

Types of Renting Agreements in Wales

• Occupation Contracts: Most renters will have a ‘standard contract’ or ‘secured contract’ since December 2022.
• Some older tenancies may still be under previous rules, but most have now converted to these new contracts.

The eviction process will depend on the type of contract you have, but the general process below applies in most cases.

Grounds for Eviction: Rent Arrears

If you owe rent, your landlord can seek eviction based on “serious rent arrears.” Under the law, this usually means you are two months or more behind on rent. Your landlord must follow all notice requirements correctly before taking further action.

Notice Periods and Formal Notices

• For serious rent arrears: Your landlord can serve a notice and start court action to end your contract if you are at least two months (or eight weeks) behind in rent.
• Notice period: A minimum 14-day notice must be given for serious rent arrears. The notice must be in writing.
• Correct form: A “Notice seeking possession – serious rent arrears” form must be used. (See below for more details.)

Your landlord cannot evict you immediately—they must serve accurate paperwork and follow the correct procedure.

Official Forms Used in Rent Arrears Evictions in Wales

• Notice Seeking Possession – Serious Rent Arrears (Form RHW23):

This is the formal notice a landlord must serve if you have serious rent arrears and they want to end your contract. The notice gives you at least 14 days to address the arrears or prepare to move. If you receive this notice, review it carefully and check that all details are accurate.

• When is it used? If you have at least two months’ rent unpaid, your landlord can serve this notice to begin the legal eviction process.
• What should you do? After receiving the notice, try to discuss repayment options with your landlord if possible. If you do not leave or clear the arrears, your landlord may apply to court for a possession order after the notice period ends.
• View or download the official RHW23 form

How the Possession Process Works

After the 14-day notice period, if you haven’t paid off the arrears or left the property, your landlord can apply to court for a possession order. Eviction by force is only possible with a court order and must be carried out by court bailiffs.

• You will be notified of any court hearing and have a chance to present your case.
• The court may grant a possession order if you are in serious arrears, but can sometimes postpone or suspend possession if you can pay back what you owe.

If you want to challenge the eviction or get more time, attend the court hearing and bring any evidence of payment or financial hardship. Free advice is available (see below for resources).

Your Rights and What to Do Next

Remember: you cannot be forced to leave your home without a court order. Your landlord must:

• Give proper notice using the correct form
• Wait until the notice period ends
• Apply for a court order before eviction

Where are tenancy disputes decided?

In Wales, eviction cases are heard by the County Court. The court decides if your landlord has met their legal obligations before eviction can proceed.

FAQ: Eviction for Rent Arrears in Wales

1. Can I be evicted immediately if I fall behind on rent?
   No. Your landlord must give you a minimum 14 days’ written notice using the correct form. Only a court can order eviction.
2. What official form does my landlord need to use?
   If you have serious rent arrears, your landlord must use the RHW23 Notice Seeking Possession for Serious Rent Arrears.
3. Where can I dispute my eviction or present my case?
   Eviction applications go to the County Court, where you can attend a hearing and explain your situation.
4. Is it possible to stop an eviction if I pay some or all of my arrears?
   If you pay your arrears or agree a payment plan, your landlord may decide to stop the process. The court can also consider your circumstances before making a decision.
5. Can I get support with rent payments if I’m struggling?
   Yes—you may be eligible for housing benefit, Universal Credit, or help from your local council’s homelessness or housing departments.

Conclusion: Key Takeaways for Renters

• Your landlord must use a proper “Notice Seeking Possession – Serious Rent Arrears” form and give at least 14 days’ notice.
• Eviction can only take place with a court order. You have a right to attend the hearing and get advice.
• Seek support early—help is available from your council and housing charities.

Staying informed and seeking advice quickly can make a big difference if you are facing rent arrears and possible eviction in Wales.

Need Help? Resources for Renters

• Welsh Government Renting Homes information
• Official RHW23 Notice for Serious Rent Arrears
• Shelter Cymru – Free housing advice in Wales
• Citizens Advice Cymru – Help with housing and rent arrears
• Find your local council for homelessness and housing support

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1. Renting Homes (Wales) Act 2016 (as amended)
2. Welsh Government: Renting Homes changes
3. Official RHW23 Notice Form
4. UK Government: County Court information

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