Eviction Risks for Renters Who Complain in Wales

If you're renting in Wales and have concerns about repairs, your landlord's conduct, or any issues with your home, you might worry—could you face eviction for making a complaint? Knowing your rights under Welsh tenancy law can help you feel empowered and protected.

Your Protection as a Renter After Making a Complaint

In Wales, official rules protect renters from being evicted simply for complaining to their landlord or local council about problems with the property. These protections are known as rules against "retaliatory eviction." Under current law, your landlord cannot legally evict you just because you've exercised your right to raise concerns or request repairs. The central legislation covering this is the Renting Homes (Wales) Act 2016.^[1]

Differentiating between a legitimate eviction and a retaliatory one is important. If you report a serious issue (such as damp, electrical hazards, or heating failures) and your landlord responds with an eviction notice instead of addressing the problem, this may be a retaliatory eviction—which is often unlawful.

How Are Evictions Handled in Wales?

Landlords in Wales must follow strict rules and use official "notices" to end a tenancy. The main eviction process is called a "no fault" eviction, typically using a Section 173 notice for standard occupation contracts. There are also grounds-based notices if there has been alleged breach of contract or other specified reasons.

• A valid notice must be in writing, use the correct notice period, and be served using the correct form.
• For most new contracts since December 2022, the minimum notice period is 6 months for a Section 173 notice (unless there is serious misconduct).

If you have raised a complaint, especially in writing or to the council, and your landlord serves a Section 173 notice soon after, you may have increased protection.

Retaliatory Eviction: What Does the Law Say?

The Welsh Government’s practice guidance on retaliatory eviction makes clear that if a local council serves an improvement or emergency remedial notice on your landlord, your landlord cannot then serve a "no fault" notice to evict you for a set period. This aims to protect renters who speak up about health hazards, poor repairs, or unsafe conditions.

Key takeaway: If you complain to your council and an enforcement notice is issued for repairs, most Section 173 "no fault" eviction notices served after this will be invalid.

Filing the complaint in writing and keeping records can make it easier to show the eviction notice is retaliatory if a dispute arises.

Which Form Must Landlords Use?

• Form RHW20: Section 173 Notice to End Contract
  When used: For landlords to end a standard occupation contract on a "no fault" basis after the minimum contract period. You can view the form and guidance officially via the Welsh Government website.
  Example: If you receive a Form RHW20 shortly after reporting a repair, seek advice—it may be challenged as retaliatory.
• Improvement Notice
  When used: Issued by your local council’s environmental health team if your property is found to have health or safety hazards after you’ve reported them.
  Example: After you write to the council about damp, the council inspects and sends your landlord an improvement notice, giving you extra protection against eviction for a certain period.

Which Tribunal Handles Disputes?

In Wales, tenant and landlord disputes are managed by the Residential Property Tribunal Wales. If you think your eviction is retaliatory, you may challenge the notice via this tribunal.

Taking Action: Steps for Renters Facing Possible Retaliatory Eviction

• Document everything: Keep a record of complaints, responses, and any notices you receive.
• Contact your local council: Report repair issues in writing. Ask for a formal inspection if needed.
• Seek advice promptly: If you receive an eviction notice soon after a complaint, do not ignore it. Contact Shelter Cymru, your council, or a legal adviser.
• Respond in writing: If you believe the notice is invalid or retaliatory, notify your landlord and the council.
• Attend tribunal hearings: If the case goes to the Residential Property Tribunal, attend and present your evidence.

FAQ: Renters’ Rights in Wales Around Complaints and Eviction

1. Can my landlord evict me for complaining about repairs?
   No, there are legal protections in Wales to prevent eviction solely because you’ve complained about repairs, especially if the council has taken action.
2. If I complain to the council, do I get more protection from eviction?
   Yes—if the council serves an official improvement or remedial notice to your landlord after you complain, your landlord cannot legally evict you using a Section 173 "no fault" notice for a set time.
3. What should I do if I receive a Section 173 notice after making a complaint?
   Seek advice immediately. Collect evidence (emails, dates, receipts) linking your complaint and the notice, and contact the council or Shelter Cymru.
4. Who decides if an eviction notice is retaliatory and invalid?
   The Residential Property Tribunal Wales considers the circumstances and can rule an eviction invalid if it finds it retaliatory.
5. Which law protects Welsh renters from retaliatory eviction?
   The Renting Homes (Wales) Act 2016 includes protections against such evictions for standard occupation contracts.

Conclusion: Your Key Rights as a Renter in Wales

To sum up:

• You have legal protection against eviction just for complaining about your property or landlord, especially after council involvement.
• Landlords must use correct notices and follow specific rules; retaliatory "no fault" evictions can be challenged.
• If in doubt, act swiftly: document everything and seek advice.

Staying informed and keeping good records are your best defences.

Need Help? Resources for Renters

• Official government guide: Private renting and eviction process
• Welsh Government: Housing Advice
• Shelter Cymru: Free advice and support for Welsh renters
• Residential Property Tribunal Wales: Tribunal services
• Welsh Government: Guide to Retaliatory Eviction Protections

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1. Renting Homes (Wales) Act 2016 – Full Text
2. Welsh Government Retaliatory Eviction Guidance
3. Private Renting: Evictions – UK Government Guidance
4. Section 173 Notice (Form RHW20) – Welsh Government
5. Residential Property Tribunal Wales

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