Understanding Court-Ordered Evictions for Renters in Wales

If you’re renting in Wales and face eviction, it’s vital to understand the court process, relevant forms, and your rights. Knowing what to expect can help ease anxiety and empower you to take informed steps at every stage.

What Is a Court-Ordered Eviction?

In Wales, a landlord cannot force you to leave your home without going through the legal process. This usually involves serving a notice, applying to court, and obtaining a Possession Order. If you do not leave after a court order, the landlord must request a bailiff (enforcement officer) to remove you—only bailiffs acting on a court order can legally evict you.

The Eviction Process in Wales: Step by Step

The court-ordered eviction process in Wales typically includes the following stages:

• The landlord gives you notice using an approved legal form.
• If you do not leave, the landlord can apply to the court for a Possession Order.
• If the court grants the order and you still do not vacate, the landlord can request bailiffs to carry out the eviction.

This process is governed by the Renting Homes (Wales) Act 2016^[1], which covers all private and social tenancies in Wales.

Stage 1: Notice of Seeking Possession

The first step is receiving a Notice of Seeking Possession from your landlord. For standard occupation contracts (the most common private tenancy in Wales), this is usually a "Section 173 notice" if it’s a ‘no fault’ eviction or a "Section 186 notice" for serious rent arrears or other breaches.

• Form RHW16: Notice Seeking Possession – Section 173 (No Fault)
  Used by landlords to start ‘no fault’ possession. You can view the form and more guidance on the Welsh Government Renting Homes Model Forms page (look for RHW16).
• Form RHW20: Notice Seeking Possession – Section 186 (Serious Rent Arrears)
  Used if you’re being evicted due to rent arrears or other grounds. Again, see the Renting Homes Model Forms page to download RHW20.

Ask your landlord for a copy if you’re unclear or contact your local council’s housing team for help.

Stage 2: Applying to the Court

If you do not leave by the notice date, your landlord must apply to the County Court. They must use the correct court forms and pay a fee. You’ll receive papers from the court, usually including:

• Form N5: Claim for Possession (download official N5 form)
  This form starts court proceedings. The court will post you details and a date for your hearing.
• Form N11: Defence Form (housing possession) (download official N11 form)
  Use this to explain your situation and any disputes about the notice or arrears.

Make sure to submit your Defence Form (N11) within 14 days of receiving court papers. This is your chance to explain why you believe you should stay.

Stage 3: Court Hearing and Possession Order

The court will set a hearing date. Here’s what usually happens:

• You attend the hearing (in person or remotely)
• The judge hears both sides and decides whether to grant a Possession Order
• If the order is granted, it sets out when you must leave (often 14–28 days)

If you’re in financial hardship or have a good reason, you can ask the judge to delay the eviction or for extra time to leave.

Tip: Attending the court hearing gives you the best chance to explain your circumstances or request more time. If you’re worried, seek free legal support.

Stage 4: Eviction by County Court Bailiffs

If you do not leave by the order’s date, your landlord must apply for a Warrant of Possession. Only bailiffs authorised by the court can remove you. You will usually receive a letter with the bailiff’s eviction date.

• Form N325: Request for Warrant of Possession of Land (download official N325 form)
  Completed by the landlord after a Possession Order, it prompts bailiff action.

If you need more time—say, because you’re vulnerable or require help finding alternative housing—you can apply to suspend or delay the warrant using:

• Form N244: Application Notice (download official N244 form)
  Use this form to ask the court for extra time or make other requests regarding your eviction.

Which Tribunal or Court Handles Evictions?

In Wales, eviction cases are handled by the County Court. To find your nearest court, visit the Find a Court or Tribunal service.

There is no separate housing tribunal in Wales for eviction cases—the County Court is the official authority.

Your Rights and Next Steps

As a renter:

• You cannot be evicted without a court order (except in rare cases like some temporary accommodation).
• Landlords must use approved forms and follow the correct process.
• You can challenge an eviction notice or court action if incorrect, unfair, or if you have strong reasons to stay (such as severe hardship).

If you’re worried about the process or feel your landlord is acting outside the law—such as changing locks without a court order—get advice straightaway. Unlawful eviction is a criminal offence.

FAQ: Court-Ordered Evictions in Wales

1. How much notice must my landlord give before a court eviction in Wales?
   For most ‘no fault’ evictions (Section 173), landlords must give at least 6 months’ notice. For serious rent arrears or certain breaches, shorter notice may apply. Always check your notice—the period must match the law as set out in the Renting Homes (Wales) Act 2016.
2. What happens if I do not attend my court hearing?
   The court may still make a decision. If you do not attend or submit a defence, the judge could grant a Possession Order without hearing your side. Always respond to court documents, even if you’re worried.
3. Can I delay an eviction if I have nowhere else to go?
   Yes, you can ask the court for extra time by submitting Form N244. Explain your circumstances and provide supporting evidence. The judge decides what is fair, considering your situation.
4. Do bailiffs need to warn me before coming?
   Yes, you must be given advance notice of the eviction date by the County Court bailiffs. The letter usually gives at least 14 days’ warning.
5. Is eviction different if I rent from a social landlord?
   The court process is broadly similar, but the grounds for eviction and notice requirements can vary. Social landlords must still comply with the Renting Homes (Wales) Act 2016.

Key Takeaways for Renters

• Court-ordered eviction in Wales is a legal process with clear steps—notice, court, order, and only then bailiffs.
• Always check the notice period, submit any court defence forms, and seek advice if you are unsure.
• Unlawful eviction is a crime: your landlord cannot remove you without a court order and proper process.

Need Help? Resources for Renters

• Welsh Government: Renting Homes – Information for Tenants
• Shelter Cymru: Eviction Advice
• Find a County Court in Wales
• Citizens Advice Cymru: Eviction Help

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1. Renting Homes (Wales) Act 2016 (UK legislation governing residential tenancies and occupation contracts in Wales).
2. Welsh Government: Renting Homes Model Forms and Letters (official forms and guidance).
3. HM Courts & Tribunals Service – Find your local County Court.
4. UK Government: Eviction Notices in Wales.

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