Negotiating Your Eviction Date in Wales: What Renters Need to Know

If you’re a renter in Wales facing eviction, you may be wondering whether you can negotiate the date you have to leave your home. Understanding your rights and the official procedures can help you approach the situation calmly and make informed choices. This guide breaks down the legal process, your negotiation options, and where to find official forms and support.

Understanding the Eviction Process in Wales

Eviction rules in Wales changed significantly under the Renting Homes (Wales) Act 2016^[1]. Most renters now have either a 'standard contract' (the most common type for private renters) or a 'secure contract' (mainly used by social landlords).

• A landlord must serve official notice before starting the eviction process.
• The notice period and process vary based on your contract type and circumstances.
• Most no-fault evictions (Section 173 notices) now require a minimum six-month notice period unless there are grounds for earlier eviction (such as serious rent arrears).

Eviction proceedings are overseen by the County Court in Wales.

Can You Negotiate Your Eviction Date?

Yes, it is often possible to negotiate your eviction date in Wales, particularly where the landlord is not evicting you for anti-social behaviour or rent arrears. Open communication and understanding your legal position can make a big difference.

• After receiving notice: You don’t have to move out immediately. The notice gives you time to prepare, and you are entitled to stay until it expires.
• Negotiating your move-out date: If you need extra time (for example, to arrange new accommodation), contact your landlord in writing as soon as possible, explaining your situation and proposing a date.
• Landlords sometimes agree to an extended timeline if you are proactive and keep them informed.
• Your landlord cannot legally force you to leave before the notice period ends unless they have a court order.

What Happens If No Agreement Is Reached?

If you and your landlord can’t agree on a move-out date, you do not have to leave until the notice period ends. If you remain after that, your landlord needs to apply to the County Court for a possession order.

Official Forms Used in Eviction in Wales

• Section 173 Notice (No Fault Notice)
  • When used: For standard contracts, landlords use this to begin the process of ending your tenancy without a specific reason.
  • Example: If you receive a Section 173 notice, you have at least six months before your landlord can take action in court.
  • See the Section 173 Notice (Form RHW19)
• Notice to End an Occupation Contract for Breach (Form RHW20)
  • When used: For breaches like rent arrears or anti-social behaviour. The notice period may be much shorter (as little as one month, or less for serious breaches).
  • Example: If you fall behind on rent, your landlord may issue this form.
  • See official eviction forms for Wales
• Form N5B Wales (County Court Possession Claim)
  • When used: If you remain after the notice expires, your landlord can apply for a possession order through the court.
  • Example: You receive notice from the court with details about your court hearing.
  • Download Form N5B Wales and guidance

Action Steps: Negotiating Your Eviction Date

• As soon as you receive an eviction notice, check that it’s the correct form and that the notice period is legal. Visit the Welsh Government eviction forms page for details.
• Open a channel with your landlord—email or letter is best—to discuss any flexibility on your departure date.
• If you reach an agreement, keep a written record signed by both parties.
• If there is no agreement and you need more time, seek help from local council homelessness services or Shelter Cymru.
• If your landlord seeks a possession order, you can explain your circumstances to the court, which may consider them when setting an eviction date.

Remember, landlords cannot evict you without following the official process. Never leave your home solely based on verbal requests.

FAQ: Negotiating Eviction Dates in Wales

1. Can my landlord force me to leave before the notice period ends?
   No. Your landlord can only ask you to leave before the notice period if you agree. Otherwise, they need a court order after the notice ends.
2. What if I need more time to move out?
   Speak to your landlord as soon as possible. If they won't agree, seek advice from your local council or housing advice charities, and inform the court if your case goes that far.
3. How does the court decide an eviction date?
   The County Court considers your circumstances and any agreement between you and your landlord. You can present reasons for needing more time at the court hearing.
4. What if the notice I received is on the wrong form?
   An incorrect or incomplete notice may not be valid. Seek advice, as you might not need to leave until the proper form is used and the correct notice period given.
5. Does negotiating affect my right to challenge the eviction?
   No. Negotiating your move-out date does not stop you from challenging the legality of the notice or the eviction in court.

Need Help? Resources for Renters

• Welsh Government Renting Homes: Tenants Guidance
• Shelter Cymru – Free Advice for Renters
• Citizens Advice Wales – Eviction Support
• Apply for Homelessness Help from Your Council
• County Court Wales – Possession Proceedings

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1. Renting Homes (Wales) Act 2016 – official legislation
2. Official eviction notice forms (Welsh Government)
3. County Court process for residential possession cases

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