RHW6 – Head Landlord Decision (Sub-occupation)

Facing a head landlord decision about sub-occupation can be stressful for renters. This guide explains what a head landlord decision (sub-occupation) means in Wales, how it affects your rights as a tenant or sub-tenant, and the practical steps you can take if you disagree. You will learn which official forms and tribunal routes apply, how to prepare evidence, and realistic outcomes such as appeals or settlement. The language is plain and aimed at tenants and renters who are not legal experts. Where possible this article links to official guidance and legislation so you can find the forms and contact the First-tier Tribunal (Property Chamber) if needed.

What a head landlord decision (sub-occupation) is

A head landlord decision about sub-occupation usually means the person who holds the main tenancy (the head landlord) has made a formal determination about whether someone is living as a sub-tenant or otherwise occupying part of the property. That decision can affect rent, permission to sub-let and whether possession action can follow. In Wales, statutory rules and historic rents legislation can be relevant to disputes about sub-occupation and tenancy status; if law is needed to resolve the matter the Housing Act 1988 and the Rent Act 1977 are the primary UK statutes often relied on in England and Wales ^[2][3].

Who handles disputes and where to apply

If you cannot resolve the issue with the head landlord, the First-tier Tribunal (Property Chamber) is the official tribunal that hears many residential tenancy disputes in England & Wales, including matters tied to tenancy status and related declarations. You can find application details and the residential property forms on the tribunal pages First-tier Tribunal (Property Chamber)^[1]. Use the tribunal route when you need a legally binding decision rather than informal mediation.

Official forms and how to use them

The most relevant official paperwork you will need to consider are the written head landlord decision itself and the tribunal application forms if you appeal or seek a declaration.

• RHW6 – Head Landlord Decision (Sub-occupation): the decision document issued by a head landlord outlining the finding on sub-occupation; keep this as evidence and note the date and how it was delivered.
• First-tier Tribunal (Property Chamber) – residential application form: use this official application to ask the tribunal for a declaration or order when you cannot agree with the head landlord; download and follow the guidance on the tribunal page before submitting apply to the First-tier Tribunal (Property Chamber)^[1].

Practical steps to respond

1. Ask the head landlord in writing for the full RHW6 decision, the reasons and any evidence they relied on, and set a reasonable deadline for reply (for example, 14 days).
2. Gather your evidence: tenancy agreement, payment records, messages, photos, witness statements and any permission to sub-let.
3. Try an informal resolution or mediation with the head landlord, and keep a written record of offers and refusals.
4. If you cannot resolve matters, submit the residential application to the First-tier Tribunal (Property Chamber) with copies of the RHW6 decision and your evidence.
5. Meet any deadlines set by the tribunal or the head landlord; missing a deadline can harm your case.

Evidence tips for a tribunal application

Organise documents chronologically, label each piece of evidence, and prepare a short witness statement summarising the facts from your perspective. The tribunal expects concise, factual submissions: highlight the outcome you want (for example, a declaration that you are a tenant or that the head landlord’s decision is incorrect) and the legal basis for that outcome. Cite relevant statutory provisions or guidance as needed when making legal points ^[2][3].

FAQ

Can I appeal a head landlord decision about sub-occupation?

Yes. If informal resolution fails you can apply to the First-tier Tribunal (Property Chamber) to ask for a declaration or order; ensure you include the RHW6 decision as evidence and follow tribunal application guidance ^[1].

Do I need a lawyer to submit a tribunal application?

No. Tenants can represent themselves; however, complex cases benefit from legal advice or representation. The tribunal provides guidance for unrepresented parties on the application process ^[1].

What happens if the tribunal agrees the head landlord was wrong?

The tribunal can issue a declaration, vary rights or make orders as permitted by law; practical outcomes depend on what you asked the tribunal to decide and the evidence presented.

Which laws might the tribunal consider in a sub-occupation dispute?

The tribunal will look at relevant statutes and case law, commonly referring to provisions in the Housing Act 1988 and historical Rent Act 1977 where applicable in England & Wales ^[2][3].

How-To

1. Request the RHW6 decision and any supporting documents from the head landlord in writing and set a reply deadline.
2. Collect and label evidence: tenancy agreement, receipts, messages and photographs supporting your position.
3. Complete the First-tier Tribunal residential application form, attach the RHW6 and your evidence, and submit as instructed on the tribunal website ^[1].
4. Attend any preliminary case management or hearing, follow directions, and keep copies of all correspondence.

Key Takeaways

• Keep every written decision and note dates and how it was delivered.
• Try to resolve the matter directly but be ready to apply to the tribunal if agreement is not possible.
• Submit clear, dated evidence and meet all deadlines to protect your position.

Help and Support

• Rent Smart Wales – official licensing and tenant information for Wales
• Welsh Government – housing and tenancy guidance for Wales

1. [1] First-tier Tribunal (Property Chamber) – GOV.UK
2. [2] Housing Act 1988 – legislation.gov.uk
3. [3] Rent Act 1977 – legislation.gov.uk