Eviction Notice Errors: What Renters in Wales Should Know

Receiving an eviction notice can be stressful, especially if you spot errors or missing information. In Wales, strict rules apply to eviction notices, and mistakes made by your landlord can mean the notice is invalid. This guide explains what happens if your eviction notice has errors, your rights as a tenant in Wales, and the official steps to protect yourself.

Common Errors Found in Eviction Notices

Wales has its own renting laws under the Renting Homes (Wales) Act 2016. Landlords must meet very specific requirements when serving an eviction notice. Typical errors include:

• Incorrect notice period (less than the legal minimum)
• Missing or wrong tenant or property details
• Lack of reason or use of an incorrect notice type
• No date of service or expiry
• Failure to use the required form

If your notice contains any of these mistakes, focus on what this means before taking any action.

What Makes a Valid Eviction Notice in Wales?

For most private renters in Wales, the main types of eviction notices are:

• Section 173 Notice: Used for 'no-fault' evictions. Must give at least six months’ notice for standard occupation contracts.
• Break Clause Notice: If your contract includes a break clause, a different notice may apply.

Official eviction notices should use the correct wording and follow the procedure set out in the Welsh Government’s official guidance on eviction notices.

Examples of Official Forms

• RHW17 – Notice under Section 173
  Used by landlords to regain possession on a ‘no-fault’ basis. For example, if your landlord wants to end the tenancy after the minimum period, they must use this form.
  Official RHW17 form and guidance

What Happens If an Eviction Notice Has Errors?

Incorrect eviction notices are usually invalid. This means:

• The notice does not start the legal countdown for eviction
• Your landlord will need to serve a new, correct notice
• If your landlord applies to the court anyway, you can challenge it

The tribunal or court will often reject the landlord’s claim if the notice is wrong. The body that makes these decisions in Wales is the County Court (for possession claims). Renters can also get advice from Rent Smart Wales.

What Should You Do If You Spot Errors?

If you believe your eviction notice is wrong or invalid, consider these action steps:

1. Don’t ignore the notice. Read it carefully and check it matches official requirements and forms.
2. Contact your landlord (preferably in writing) to point out the errors.
3. Seek advice from an official source like Shelter Cymru or Rent Smart Wales.
4. If you receive a court eviction claim, prepare to challenge it by providing evidence about the notice’s mistakes.

Raising a Challenge in Court

If your landlord still applies to the County Court for possession, it’s vital to:

• Bring the original notice and any written evidence of errors to your hearing
• Explain how the notice failed to meet legal requirements under the Renting Homes (Wales) Act 2016 eviction rules

The judge may dismiss the proceedings if your challenge is successful, meaning you can remain in your home until a valid notice is properly served.

Summary

It’s your right to have eviction notices served correctly. Mistakes in the notice can give you more time and stronger grounds to challenge the eviction process.

FAQs: Eviction Notices and Errors in Wales

1. What if my landlord uses the wrong form or notice period?
   Your landlord must use the correct form (like the RHW17 for Section 173 evictions) and provide the right notice period. If either part is wrong, the notice is likely invalid.
2. Can I be evicted if the notice is invalid, but I do not challenge it?
   The court should check if the notice is valid, but it’s always safer to highlight mistakes as soon as possible and seek support.
3. Who handles disputes about eviction notice validity in Wales?
   Possession cases are overseen by the County Court in Wales. Rent Smart Wales can also offer guidance.
4. What should I do if I get a court claim after an invalid notice?
   Gather all the evidence related to the notice’s errors. Attend the hearing or submit a written defence—support is available from renter advice services like Shelter Cymru.
5. Are there protections if I’m a ‘contract-holder’ under the new laws?
   Yes. Most renters in Wales are now ‘contract-holders’ with extra rights under the Renting Homes (Wales) Act 2016, including proper notice procedures.

Need Help? Resources for Renters

• Shelter Cymru eviction advice
• Rent Smart Wales: Tenant advice and complaints
• Welsh Government: Renting Homes guidance for tenants
• County Court: Housing possession claims
• Welsh Government: What you should know about eviction

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1. Renting Homes (Wales) Act 2016
2. RHW17 Section 173 Official Notice
3. Rent Smart Wales
4. England and Wales: County Court Possession Claims
5. Welsh Government: Section 173 notice guidance

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