Understanding Illegal Eviction in Wales: Your Rights as a Renter

If you’re renting your home in Wales, it’s essential to understand your rights when it comes to eviction. Illegal eviction is a serious offence, and if your landlord tries to remove you from your home without following the correct legal process, there are steps you can take for protection and support. This guide explains what illegal eviction is in Wales, how it works under current law, and what you can do if you believe your rights as a renter have been breached.

What Is Illegal Eviction?

Illegal eviction happens when a landlord makes you leave your home without following the lawful process required in Wales. This applies whether you have a written tenancy agreement or not. A landlord must serve you with the right notice and, if necessary, obtain a court order before you can be evicted legitimately.

• Examples of illegal eviction include:
• Changing your locks while you’re out
• Physically removing you or your belongings
• Harassing you to make you leave
• Evicting you without court authorisation (unless you leave voluntarily)

Under the Renting Homes (Wales) Act 2016, landlords must follow specific steps to lawfully repossess a rented property.^[1]

The Legal Eviction Process in Wales

Eviction procedures in Wales are set out in the Renting Homes (Wales) Act 2016. The process and notice periods vary depending on the type of contract you have, such as a standard occupation contract.

Eviction Steps Landlords Must Follow

• Give you the correct written notice (such as a Section 173 notice for a no-fault eviction, or a Section 186 notice for breach of contract).
• Wait out the required notice period, which is usually at least six months for no-fault evictions, unless for serious breaches.
• If you do not leave, apply to the court for a possession order through the official legal process.
• Only bailiffs (acting on a county court order) can remove you from your home, never the landlord directly.

Any attempt to sidestep these steps may be considered illegal eviction.

Official Forms Involved in the Eviction Process

• Section 173 Notice (No-fault notice):
  Used by landlords to regain possession without claiming a breach by the tenant. You must receive this notice in writing; it must give at least six months’ notice and must not be served within the first six months of your standard occupation contract.
  See official model forms and statements for Wales.
• Section 186 Notice (Grounds for eviction):
  Used when a contract-holder has allegedly breached the occupation contract (for example, due to rent arrears or antisocial behaviour). The notice period depends on the breach and contract terms.
  Find more about notice types at the Welsh Government rent and eviction page.
• N5B Claim form for Possession of Property:
  If you do not leave after the notice expires, your landlord must apply to the court for possession. The N5B form is used in such cases where possession is sought under specific legal grounds.

If you're handed any notice or paperwork, always check that it’s an official form and that it follows legal requirements.

What Isn’t Illegal Eviction?

If you leave your property voluntarily, or come to a mutual agreement with your landlord to leave (and put this in writing), that is not classed as illegal eviction. However, if you are pressured, harassed, or misled into leaving, it may still count as illegal eviction.

What To Do if You Face Illegal Eviction

If you suspect your landlord has illegally evicted you, you can:

• Contact your local council’s homelessness or housing options team immediately for emergency support (find your local authority).
• Gather evidence (photos, correspondence, witness statements).
• Contact the police — illegal eviction is a criminal offence.
• Make a formal complaint and potentially take your landlord to court.

Court challenges over illegal eviction in Wales are handled by the County Court.

How to Start a Court Claim

• Complete the relevant forms (such as the N5B claim form).
• Attach supporting evidence (photos of locks changed, written communication, etc).
• Submit your claim to your nearest County Court — the court will review your case and may order reinstatement or damages if illegal eviction is proven.

Frequently Asked Questions

1. What are the penalties for illegal eviction in Wales?
   Landlords convicted of illegal eviction in Wales can face criminal prosecution, be ordered to pay compensation to tenants, and may also lose their right to manage properties.
2. Can I get back into my home if I am illegally evicted?
   If the court finds you have been illegally evicted, it can order your landlord to allow you to return or pay you damages.
3. Who do I report illegal eviction to?
   You should contact your local authority, the police, or seek legal support (for example, through Shelter Cymru or the Welsh government's housing team).
4. Is it illegal for my landlord to change the locks while I’m out?
   Yes, changing locks to exclude a contract-holder without a court order is illegal eviction in Wales.
5. Do all types of tenancy have the same eviction rights?
   Most private renters are now covered by the Renting Homes (Wales) Act 2016, but always check your form of contract and seek advice if unsure.

Key Takeaways

• Illegal eviction is a criminal offence — your landlord must follow strict procedures to regain possession.
• Never leave your home without a valid written notice and (if required) a court order.
• Help is available through your local council and other official advice services if your housing rights are threatened.

Need Help? Resources for Renters

• Welsh Government Renting Homes Guidance
• Shelter Cymru: Illegal Eviction Advice
• County Court for Housing Disputes
• Find Your Local Council in Wales
• Contact the Police (non-emergency)

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1. Renting Homes (Wales) Act 2016
2. Welsh Government: Eviction Process and Notices
3. Form N5B Claim for Possession

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