What is an RHW7 notice?
An RHW7 Notice to Sub-holder is a written notice used in possession claims where the claimant says a person living in the property is a sub-holder (not the named tenant). It does not itself evict you, but it starts a formal process that can lead to a court or tribunal possession order. The legal framework for possession and assured tenancies is set out in primary legislation such as the Housing Act 1988.[1]
When it is used and what it means
- The claimant says you occupy the property without being the primary tenant and seeks possession.
- The notice will include timings and any deadlines to respond or leave; you should check these carefully.
- If the claimant pursues the claim it may be decided by a court or the First-tier Tribunal (Property Chamber) depending on the case.
Official forms you may see
The most common official form used to begin a possession claim for residential tenancy matters is the N5 Claim for Possession of a Property. This form explains the grounds the claimant relies on and is used to start proceedings in the county court; guidance and the form are on GOV.UK.[2]
- N5 — "Claim for possession of a property (rented)". Used when a landlord or other claimant asks the court for possession. Example: a landlord serves an RHW7 and then issues an N5 to ask the court to order you to leave.
How to respond as a tenant/sub-holder
Responding promptly is vital. You can write to the claimant or their solicitor explaining your position, asking for evidence, or requesting more time. If proceedings start you may need to file a written response with the court and attend any hearing. If you believe the claimant has no right to evict you, gather proof of your position (messages, payments, tenancy agreement copies or witness statements).
When the tribunal or court is involved
Some possession issues can be decided by the First-tier Tribunal (Property Chamber) or county court depending on the legal basis of the claim. The First-tier Tribunal provides decisions on a range of residential property matters and contact information and guidance are available from the official tribunal pages.[3]
Practical steps and checklist
- Read the RHW7 notice carefully and note any dates and deadlines.
- Keep copies of the notice, any letters, text messages and rent payment records.
- Contact the claimant or their agent to ask for clarification or propose a reasonable way forward.
- Get advice from an official Welsh advice service if possible before a hearing.
FAQ
- What should I do first if I get an RHW7?
- Check the notice for deadlines, keep a dated copy, gather evidence of your occupancy and any payments, and consider contacting the claimant for clarification.
- Does an RHW7 mean I must leave immediately?
- No. An RHW7 starts a process but does not itself remove you; you must follow the deadlines and any court or tribunal directions.
- Can I challenge the possession claim?
- Yes. You can dispute the basis of the claim, provide evidence at a hearing and ask the court or tribunal to refuse possession if the claimant lacks grounds.
- Where can I get official forms and help?
- Official forms (like the N5) and tribunal guidance are available on GOV.UK and legislation on legislation.gov.uk; use official Welsh services for local support.
How-To
- Read the RHW7 notice and note any dates and the claimant's contact details.
- Gather documents: tenancy agreements, messages, receipts and photos that support your occupancy.
- Write a short response to the claimant explaining your position and keep a copy; request extra time if needed.
- If the claimant issues proceedings, file your response with the court or tribunal and attend the hearing with your evidence.
Help and Support
- Rent Smart Wales — official landlord and tenant information for Wales
- Welsh Government — housing pages and tenant guidance
