Renter Protections Against Eviction After Complaints in Wales

As a renter in Wales, raising concerns about repairs, health hazards, or unfair landlord practices is your legal right. However, many renters worry they may be evicted for speaking up. This article explains what the law says in Wales, your rights, and steps to take if you feel you're being treated unfairly after making a complaint.

Your Right to Complain as a Renter in Wales

Under Welsh housing law, renters have the right to request repairs and report issues related to their property. Landlords must keep properties safe and healthy. It's illegal for your landlord to evict you just because you exercised this right. This protection is often called protection from "retaliatory eviction".

What is a Retaliatory Eviction?

A retaliatory eviction happens when a landlord tries to remove a tenant because the tenant has complained or asked for repairs. In Wales, protections for renters have strengthened in recent years to stop retaliatory evictions.

Eviction Rules and Relevant Legislation in Wales

The Renting Homes (Wales) Act 2016 sets out rules for renting and eviction in Wales¹. Under this Act:

• Landlords must provide at least six months’ notice to end most standard contracts (tenancies).
• Landlords cannot serve a "no-fault" possession notice during the first six months of your occupation.
• Landlords cannot retaliate by evicting you for making a legitimate complaint about the state of your home.

If your landlord attempts to evict you after you've complained, the eviction could be deemed invalid if it's found to be retaliatory.

How the Law Protects You

If you formally complained about repairs or hazards, and your local council has served a notice on your landlord (like an improvement notice), your landlord may be restricted from evicting you for a certain period. This is often the case when a landlord uses a "no-fault" eviction route (for example, giving notice without stating a reason).

Relevant Forms and How to Use Them

• RHW6: Notice Seeking Possession (Section 173 / Section 186 Notice)
  

  This form is used by landlords to begin the eviction process for standard occupation contracts in Wales. If you receive an RHW6, it must give at least six months’ notice (for contracts starting on or after 1 December 2022). If you believe the notice was served because you complained, inform your local council’s housing team immediately. See official guidance for RHW6.

• Improvement Notice/Prohibition Notice (by Local Council)
  

  If the local council finds serious hazards or disrepair after your complaint, they may issue an improvement or prohibition notice. Once issued, it can protect you from eviction for six months. If you need to request this, contact your local council’s environmental health department. Learn more about council enforcement.

If You Feel Threatened with Eviction After Complaining

Stay calm. Your landlord must still follow the correct legal process before eviction. If you suspect the eviction is retaliatory:

• Gather evidence of your complaints (emails, letters, dates, photos).
• Contact your local council’s housing team and explain the situation.
• Seek support from independent advice agencies (see resources below).
• If you receive an eviction notice, do not leave your home until you get professional advice.

Who Handles Disputes and Complaints?

If an eviction notice or dispute cannot be resolved informally, the matter can be taken to the First-tier Tribunal (Property Chamber) or the county court depending on the nature of your case². In Wales, the county court often deals with possession proceedings, while the Renting Homes rules guide council enforcement and dispute processes.

Summary

In short, you cannot legally be evicted just for complaining or requesting repairs in Wales. The Renting Homes (Wales) Act 2016 and local council intervention offer important protections.

Frequently Asked Questions

1. Can my landlord evict me if I complain about repairs?
   No. The law in Wales protects you from eviction if you make a genuine complaint about repairs or health hazards. If the local council serves a notice about the repairs, your landlord cannot issue a "no-fault" eviction for at least six months.
2. What should I do if my landlord serves an eviction notice after I complained?
   Gather all evidence of your complaint and contact your local council’s housing or environmental health team. You do not have to leave immediately and can seek advice before taking any action.
3. Are there penalties for landlords who try to evict renters after a complaint?
   Yes. If an eviction is found to be retaliatory, courts may reject the landlord’s claim and the notice may be invalid. Councils can also take enforcement actions against landlords who fail to follow the law.
4. Which tribunal or court handles tenancy disputes in Wales?
   Possession cases and disputes are typically handled by the county court. In some cases, the First-tier Tribunal (Property Chamber) can hear housing-related cases. See official tribunal details.
5. How long will it take before I have to leave my property if served a notice?
   Most renters on a standard contract in Wales must be given at least six months' notice. You do not have to leave until this period ends or the court orders it.

Need Help? Resources for Renters

• Welsh Government Renting Homes Guidance – Official rules and updates for renters in Wales.
• Shelter Cymru – Free, confidential support for renters facing eviction or discrimination in Wales.
• UK Government: Eviction Notices – Understand how and when eviction notices can be served.

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1. Renting Homes (Wales) Act 2016
2. First-tier Tribunal (Property Chamber) official site

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