Section 8 Eviction Process in Wales: A Renter's Guide

If you're renting a home in Wales, it's important to understand how Section 8 works if your landlord seeks to evict you. The laws protecting renters in Wales differ from those in England and are designed to ensure a fair eviction process, especially since December 2022 when renting laws in Wales changed.

What Does Section 8 Mean for Renters in Wales?

Section 8 is a legal process that allows a landlord to seek possession of a rented property before the fixed term of a contract ends, but only if there are specific legal reasons — called 'grounds for possession' — set out in law.

Since 1 December 2022, most renters in Wales have “occupation contracts” rather than assured shorthold tenancies. Section 8 is relevant for some existing agreements made before this date, but the rules have evolved with the Renting Homes (Wales) Act 2016.¹

The most common reasons a landlord might use Section 8 grounds include:

• Serious rent arrears
• Breaches of contract (such as antisocial behaviour)
• Other specific situations like damage to the property or criminal convictions

If your landlord wants you to leave for any of these reasons, they must follow a strict legal process.

How Does the Section 8 Process Work?

If your landlord wishes to take back the property using Section 8, they must:

• Give you an official written notice, specifying which grounds apply and providing the required notice period (typically two weeks to two months, depending on the ground)
• Use the correct Section 8 Notice form
• Apply to the court if you don’t leave by the notice expiry date

For many renters in Wales, the new contract types and rules under the Renting Homes (Wales) Act 2016 may apply instead, so be sure to check your agreement’s start date and seek personalised advice if unsure.¹

What is the Section 8 Notice Form?

For tenancies that still fall under the old rules, landlords must use the official “Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy (Form 3)”:

• Form Name/Number: Form 3 – Notice Seeking Possession: Assured Tenancy or Assured Agricultural Occupancy
• When Used: If your landlord wants to regain possession using a Section 8 ground (e.g., rent arrears) on a tenancy created before 1 December 2022 and not converted to a new contract
• Example: If you fall two months behind on rent, your landlord may serve a completed Form 3, outlining the reasons and dates
• Download Section 8 (Form 3) from gov.uk

For most occupation contracts in Wales (from 1 December 2022 onwards), a landlord will use an official RHW16 notice form instead.

• Form Name/Number: RHW16 – Notification by landlord of intention to terminate a periodic standard contract
• When Used: To end an occupation contract, usually when there are grounds like rent arrears or breach of contract
• Example: If your landlord seeks possession due to repeated late rent under a new-style occupation contract, they will deliver an RHW16 notice (or related RHW forms, depending on the situation)
• View RHW16 notice on gov.wales

It's essential to check which type of agreement you have before taking any action.

Your Rights If Served a Section 8 Notice

If you receive a Section 8 notice (or its equivalent for occupation contracts), here’s what you should know:

• You are not required to leave immediately – you can stay in your home until a court order is granted
• You have the right to defend your case in court or challenge the notice if you believe it is incorrect
• Some grounds are discretionary: the court may decide whether it’s fair to evict you based on your circumstances

What Happens Next?

If you haven't left by the date on the Section 8 notice, the landlord may apply for a possession order from the court. If the court grants possession, you will receive a date to leave and, if necessary, can apply for a court hearing to explain your side.

Which Tribunal or Court Handles Disputes?

Eviction disputes and applications for possession in Wales are managed through the County Court system. For further details, see the official County Court guidance.²

Next Steps for Renters in Wales

If you receive a Section 8 or similar notice:

• Check the type of rental contract you have and which notice applies
• Read the notice carefully and check if it names the correct legal reason (ground)
• Gather supporting evidence about your tenancy, payments, or other circumstances
• Seek advice from a free tenant support service or local authority housing team

Many renters have rights to contest or delay eviction, especially for discretionary grounds.

Frequently Asked Questions

1. Can a landlord evict me for any reason using Section 8 in Wales?
   No. Landlords must prove specific grounds (such as rent arrears, antisocial behaviour, or other contract breaches) set out in the law. They cannot use Section 8 for arbitrary reasons.
2. What should I do if I get a Section 8 (Form 3) or RHW16 notice?
   Read it carefully, note the expiry date and ground, gather evidence, and seek independent advice straight away. You do not have to leave immediately.
3. Can I challenge a Section 8 or RHW16 notice?
   Yes, especially if you believe the landlord is wrong or the notice is incorrectly filled in. Respond in writing and prepare to present your side if the case goes to court.
4. Do the new Renting Homes (Wales) Act rules apply to my tenancy?
   They apply to most new and converted tenancies from 1 December 2022. Some older tenancies may still use the old rules and Section 8. Check your contract and seek guidance if unsure.
5. Where can I get help if I'm facing eviction in Wales?
   Contact Shelter Cymru, your local council's housing team, or the Citizens Advice Bureau Wales. See the resources below.

Conclusion: Key Takeaways for Welsh Renters

• Section 8 is a legal route for landlords in Wales to seek eviction based on specific statutory grounds, but strict rules apply
• Since December 2022, “occupation contracts” and new notice forms are now standard for most Welsh renters
• Always check your agreement type, respond to notices, and seek independent support if you receive an eviction notice

Understanding your rights helps you respond confidently and protect your tenancy in Wales.

Need Help? Resources for Renters

• Shelter Cymru – Free, confidential advice and support for renters in Wales
• Welsh Government: Housing – Official guidance and up-to-date renting laws
• Citizens Advice Wales – Help with housing, contracts, and legal rights
• County Court (Wales) – Eviction/dispute information and guidance
• Gov.uk: Evictions in private renting – Official process explanations and forms

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1. Renting Homes (Wales) Act 2016 (legislation.gov.uk)
2. County Court information (gov.uk)

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