Eviction Rules During Repairs in Wales: Your Rights Explained

If you’re renting in Wales and your landlord is planning repairs or renovations, you might wonder if they can make you leave—either temporarily or permanently. Understanding your rights can help you avoid unexpected eviction and make informed decisions during this sometimes stressful process. This guide explains when, if ever, you can be evicted during repairs, the forms your landlord must use, and how Wales’s rental laws protect you.

Eviction and Repairs: The Law in Wales

In Wales, your rights as a renter are protected under the Renting Homes (Wales) Act 2016^[1]. Landlords have responsibilities for repairs, but they cannot simply evict you because they want to do maintenance or improvements. Specific rules apply depending on the type of tenancy you have and the nature of the work needed.

Your Security of Tenure

• Renters generally have the right to stay in their home unless the landlord follows the correct legal process.
• Landlords must provide a clear legal reason and give proper notice if they want you to leave.
• Repairs or improvements are not usually a valid reason for eviction on their own.

If your landlord claims you must vacate for repairs, they still need to follow all legal notice requirements.

When Can a Landlord Ask You to Leave for Repairs?

It's uncommon, but if the repairs are extensive and truly require the property to be empty (such as major structural works), your landlord might ask you to leave. However, your legal protections remain:

• No immediate eviction: Your landlord must serve you with the correct notice and use official forms.
• For standard contracts (most renters in Wales now have these), the minimum notice period is six months in most cases.
• If major works are needed for safety reasons, landlords may apply to court for a possession order, but this is rare and must be justified.

Alternative Arrangements

In some cases, landlords may offer alternative accommodation during repairs. This does not mean you lose your tenancy. Always get any alternative arrangements in writing.

Official Forms for Ending a Tenancy in Wales

If your landlord wants to end your tenancy (such as for major repairs), they must use official notice forms. The main forms are:

• RHW16 – Landlord’s Notice to End a Contract
  Used by landlords to end a standard occupation contract in Wales. This form must state the notice period—and give a minimum of six months for ‘no fault’ evictions.
  Practical Example: If your landlord needs you to leave for planned major works, they serve an RHW16 with at least six months’ notice.
  Access the RHW16 form from the Welsh Government
• Notice Seeking Possession (for certain grounds)
  If repairs are necessary because of health and safety, a landlord might use a prescribed ‘Notice of Seeking Possession’ for a breach, which usually requires a court order. More on notices at Gov.Wales

In all cases, your landlord must follow process—if not, the eviction may be invalid. Disputes or illegal eviction attempts can be taken to the Residential Property Tribunal for Wales.

Your Rights and Next Steps

• Check any notice for the correct form, dates, and legal references
• Do not leave unless you have been given written notice and the required time has passed
• Ask your landlord to clarify the reason and duration of any requested move
• If you think your eviction is unfair or the process isn’t followed, seek advice or make a complaint

Remember, eviction cannot be forced or instant. The law gives you time and options to challenge anything unfair.

Frequently Asked Questions

1. Can my landlord ask me to leave temporarily for repairs?
   Usually, your landlord cannot force you to leave temporarily. If alternative accommodation is offered, your rights as a renter continue, and proper notice is still required.
2. Is a verbal request to vacate for repairs legally valid?
   No, your landlord must give written notice using the correct form and follow the legal procedure under the Renting Homes (Wales) Act 2016.
3. What should I do if I get a notice to leave for repairs?
   Check the notice for the official form (like RHW16), confirm the notice period, and seek advice if you are unsure. Do not leave until you’re legally required to.
4. Can I be evicted for refusing access to the property for repairs?
   Landlords can apply to court for an order if you repeatedly refuse access for essential repairs, but they cannot evict you immediately.
5. Who can help if I think my eviction is unfair?
   You can contact your local council, Shelter Cymru, or the Residential Property Tribunal for Wales for support and guidance.

Key Takeaways

• Landlords cannot evict you solely for repairs without proper notice and legal process.
• If you receive a notice, make sure it uses the correct official form such as RHW16 and provides the legal notice period.
• Support and advice are available if you feel your rights are being ignored.

Need Help? Resources for Renters

• Welsh Government Housing Advice
• Shelter Cymru – Free Advice for Renters
• Residential Property Tribunal for Wales
• Citizens Advice Wales – Housing Help

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1. Renting Homes (Wales) Act 2016

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