Eviction Rules for Nonpayment of Rent in Wales

If you rent your home in Wales and are concerned about eviction for nonpayment of rent, it is important to understand your rights and the legal process involved. Welsh housing law has specific rules about how and when a landlord can evict a tenant for rent arrears. This guide will walk you through the eviction process for nonpayment of rent in Wales, explain your protections under the law, and where to seek help if you're at risk.

Understanding Eviction for Rent Arrears in Wales

In Wales, most tenants now have what’s called an “occupation contract,” governed by the Renting Homes (Wales) Act 2016. If you fall behind on rent, your landlord must follow the proper legal process to ask you to leave.

Key Terms Explained

• Rent arrears: Unpaid rent owed to your landlord.
• Occupation contract: The agreement you have with your landlord (often replacing traditional tenancies in Wales since December 2022).
• Notice: A written warning from your landlord that they intend to take back possession of the property.
• Possession order: A court order requiring you to leave if you do not comply with the notice.

The Legal Eviction Process for Nonpayment of Rent

Your landlord must follow a strict process to evict you for nonpayment of rent:

• Serve you with the correct written notice.
• Wait for the notice period to end.
• If you haven’t left, apply to court for a possession order.
• Only court-appointed bailiffs can evict you after a possession order is granted.

This process is there to protect renters from illegal eviction. You do not have to leave your home unless ordered by the court.

What Notice Must Your Landlord Give?

If you have an occupation contract in Wales, your landlord will usually use a “possession notice” (Form RHW16) to start the eviction process for rent arrears. The notice period depends on the type of arrears and your contract:

• If you have at least two months’ rent arrears, your landlord can give you 14 days’ notice using Form RHW16 (Landlord’s Notice for a Breach of Contract: Welsh Government).
• If you owe less than two months’ rent, your landlord cannot usually use rent arrears as the sole reason to seek possession.

Form RHW16 (Landlord’s Possession Notice)
This form must tell you:

• The reason for seeking possession (for rent arrears, this is a breach of your contract).
• The date by which you should leave (at least 14 days’ notice, but usually no more than this for rent arrears cases).
• Your right to challenge the eviction in court.

Landlords must use the official version of Form RHW16 from the Welsh Government and serve it correctly.

Applying to Court: Where Cases Are Heard

If you remain in your home after notice expires, your landlord must apply to court. In Wales, eviction cases are heard by the County Court. Only the court can grant a possession order and authorise enforcement.

Your Rights and Defences

You have the right to stay in your home until a court order is made and can challenge the eviction or request more time. Potential defences include:

• The landlord did not follow the right process (wrong notice, incorrect form, or improper service).
• You have paid all outstanding rent before the court hearing.
• There are issues of disrepair which may affect the case.

Legislation Covering Eviction in Wales

Your rights and the eviction process are covered under the Renting Homes (Wales) Act 2016^[1]. This law introduced new rules and additional protections for renters in Wales as of December 2022.

What to Do If You Receive an Eviction Notice

• Read the notice carefully and check the dates and the reason for eviction.
• Check that the landlord used the correct Form RHW16.
• Try to pay off your arrears or reach an agreement with your landlord, as this may stop the eviction.
• Seek independent advice as soon as possible from Shelter Cymru or Citizens Advice.
• If your landlord tries to force you out without a court order, this could be an illegal eviction. Contact your local council or police if you feel at risk.

Acting quickly can improve your chance of keeping your home or negotiating repayment.

Frequently Asked Questions

1. Can my landlord evict me immediately if I miss a rent payment?
   No, your landlord must follow the legal process, including giving a formal written notice (usually 14 days for two months’ arrears), and then applying to court if you do not leave.
2. Which official form should my landlord use for eviction due to rent arrears in Wales?
   Your landlord should use Form RHW16 to start the process for nonpayment of rent under an occupation contract.
3. What can I do if I receive an eviction notice because of rent arrears?
   Check the notice for accuracy, seek independent advice, and try to make a repayment plan with your landlord. You have a right to challenge eviction in court.
4. If I pay my rent arrears before my court date, can I stop the eviction?
   Often yes. Paying off all rent arrears before court may mean the judge will not issue a possession order.
5. Who deals with eviction cases in Wales?
   Eviction cases are handled by the County Court, not by landlords directly.

Key Takeaways

• Eviction for nonpayment of rent in Wales follows a clear legal process under the Renting Homes (Wales) Act 2016.
• Your landlord must use Form RHW16 and get a possession order from the County Court before eviction.
• If you receive a notice, seek advice quickly and explore your options.

Understanding the law helps protect your rights and gives you time to resolve issues with your landlord.

Need Help? Resources for Renters

• Welsh Government Housing Information – Official policies and latest legislation
• Shelter Cymru – Free specialist housing advice for renters in Wales (phone, web, and in-person support)
• Citizens Advice Wales – Support with eviction and rights as a renter
• Find Your Local Council – Contact your council's housing team for urgent help with illegal eviction

---

1. Renting Homes (Wales) Act 2016

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation