Understanding Your Rights in a No-Fault Eviction in Wales

If you’re renting a home in Wales and your landlord has asked you to leave without claiming you’ve done anything wrong, you may be facing what’s called a “no-fault eviction.” Understanding your rights and the process for these evictions is crucial. This guide explains the notice you should receive, what official forms must be used, and what steps you can take to protect yourself under Welsh housing law.

What is a No-Fault Eviction?

A no-fault eviction means your landlord wants you to leave, not because you’ve broken the tenancy agreement, but for another reason—such as selling the property or moving back in. In Wales, most renters will either have an “assured shorthold tenancy” or, if your tenancy started after 1 December 2022, a “standard occupation contract” under the Renting Homes (Wales) Act 2016.¹

The Legal Process for No-Fault Evictions in Wales

Your landlord must follow specific legal steps if they want you to leave without cause. This process gives you clear rights and timeframes so you can plan your next steps or challenge any mistakes.

Notice Requirements and Forms

• Official Form: The landlord must serve a written notice, known as a Section 173 notice, if you have a standard occupation contract starting on or after 1 December 2022.
• Notice Period: For most contracts, landlords must give at least 6 months’ notice before you have to move out.
• Previous Tenancies: If your tenancy began before 1 December 2022 and hasn’t converted, different notice periods under the old “Section 21 notice” rules for England and Wales may apply. In most cases, this is at least 2 months’ notice but could follow the new rules if converted to an occupation contract.²

The notice must be in writing, clearly state the date you are required to leave, and be served properly. If your landlord uses the wrong form, doesn’t give enough notice, or fails to follow the process, the notice may be invalid.

What Happens After the Notice Period?

If you haven’t left by the end of the notice period, your landlord can only evict you by applying for a court possession order. You do not have to leave on the day the notice expires unless a court orders it. The court process involves an official hearing and paperwork.

What Official Forms Might Affect You?

• Section 173 Notice (No-Fault for Standard Occupation Contracts)
  • When used: When your landlord wants to end your standard contract for no reason (no-fault).
  • How it’s used: Your landlord gives you this written notice. For example, if you agreed a 12-month standard occupation contract in January 2023, your landlord must give you at least 6 months’ notice using this Section 173 notice form.
  • Official form & link: Section 173 model notice – Welsh Government
• N5B Claim Form (Accelerated Possession)
  • When used: If you do not leave by the end of the notice, your landlord may use the N5B Wales Claim Form for Possession to seek a court order.
  • Example: You receive a Section 173 notice but choose to wait until after the notice period. Only after this period can your landlord apply to court using the N5B claim form for an eviction order.

Key Protections for Renters

• Your landlord cannot evict you without proper notice and a court order (if you refuse to leave).
• They must use the correct notice form and period, following the law in Wales.
• You have the right to stay until a court orders you to leave. Do not move out just because you receive a notice—check its validity first!

What to Do if You Receive a No-Fault Eviction Notice

• Check the notice for accuracy. Does it use the right form and give you at least 6 months (if on a standard contract)?
• Ask your landlord or agent which rules your tenancy follows (pre-December 2022 or Renting Homes Wales Act).
• Seek advice if the notice seems incorrect or the process isn’t being followed.
• If you choose to stay after the notice period, your landlord must obtain a court possession order before you can be required to leave.

Where Are Disputes About Eviction Heard?

In Wales, eviction disputes are heard by the courts. If a possession claim is submitted, it may be handled at your local County Court. There is currently no dedicated residential tenancy tribunal in Wales; county courts are the forum used for possession and eviction cases.

Your Rights Under Welsh Law

The main law covering evictions is the Renting Homes (Wales) Act 2016.¹ If your tenancy started before December 2022, the Housing Act 1988 and the section 21 process might still apply unless you have switched to an occupation contract. Always check which type of agreement you have to understand your notice period and rights.

1. What is a 'no-fault' eviction in Wales?
   No-fault eviction means your landlord is asking you to leave without claiming you have broken any rules. It is most often done through a Section 173 notice (for new Welsh occupation contracts) or a Section 21 notice (for older tenancies). You must receive the correct notice and notice period.
2. How much notice does my landlord have to give me?
   For most standard occupation contracts started after December 2022, you should receive at least 6 months’ written notice. Older tenancies may only require 2 months’ notice, but confirm your status or get advice to check.
3. Which forms should my landlord use for a no-fault eviction?
   If you have a standard occupation contract, your landlord should use a Section 173 form. For older tenancies, they may use a Section 21 notice or, if going to court, an N5B Claim Form.
4. Do I have to leave as soon as I get the notice?
   No, you can stay until the end of the notice period, and even after, until the court grants your landlord a possession order and a bailiff attends. Never move out immediately without checking your notice is valid.
5. What should I do if I think the eviction notice is wrong?
   Contact advice services such as Shelter Cymru or your local council’s housing team immediately. They can help check the notice’s validity and support you through the process if it’s incorrect.

Need Help? Resources for Renters

• Shelter Cymru — Free, confidential advice for renters in Wales
• Find your local County Court — To check where possession hearings are held
• Welsh Government Housing Guidance — Official updates on renters’ rights
• Section 173 Model Notice — Download and verify the correct form
• Citizens Advice Wales – Ending a tenancy

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1. Renting Homes (Wales) Act 2016
2. Official UK Guidance: Section 21 and Section 8 notices

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