Wales Eviction Process: A Renter’s Step-by-Step Guide

Facing an eviction notice can be overwhelming. In Wales, renters have legal protections during the eviction process. This guide explains what eviction means, the steps your landlord must follow, and the support available to help you stay informed and prepared.

Understanding Eviction in Wales: Your Rights

Eviction is the legal process where a landlord asks a renter to leave their home. In Wales, the process and protections are set out in the Renting Homes (Wales) Act 2016^[1], which applies to most private and social housing tenancies. It’s important to know that your landlord can’t simply evict you without following the law.

Is My Tenancy Protected?

If you rent your home under an ‘occupation contract’ (the main type since December 2022), you are protected by Welsh law. This means your landlord must give you proper notice and follow the correct legal process before they ask you to leave.

Notice Requirements: How Must My Landlord Warn Me?

The first step in the eviction process is for your landlord to give you written notice. The type and length of notice depends on the reason for eviction:

• No-fault eviction (section 173 for periodic contracts): Your landlord must give at least 6 months’ notice using a ‘Section 173 Notice’.
• For a breach (e.g., rent arrears or anti-social behaviour): Shorter notice can be given, usually 14 days with a ‘Section 188 Notice’.

Your landlord must use the correct official notice form. Find information and templates on the Welsh Government’s Renting Homes page.

Eviction Notice Forms

• Section 173 Notice (Periodic Occupation Contract): Used when your landlord isn’t alleging any wrongdoing (a ‘no fault’ eviction). You should receive it at least 6 months before your landlord wants you to leave.
  Example: If your landlord wants to regain possession for their own use, they must give a Section 173 notice well in advance.
  View the model Section 173 Notice.
• Section 188 Notice (Contractual breach): Used if you’ve breached the contract, for instance due to rent arrears. Notice can be as short as 14 days.
  Example: If you have fallen behind on rent payments, your landlord must give you a Section 188 Notice before applying to court.
  See guidance on breach notices.
• Court Application Forms (N5/N119): If you don’t leave by the notice date, your landlord must apply to the court by completing the N5: Claim for Possession of Property and often the N119: Particulars of Claim for Possession.
  Example: If a renter remains after the notice period, these forms start the court process.

What Happens Next: The Court Hearing

If you don’t move out by the end of your notice, your landlord cannot evict you themselves. They must apply for a possession order through the county court. The court will decide whether you have to leave or if the eviction can be delayed or stopped.

• You will receive notice of any hearing and have a chance to explain your situation.
• Support is available from advice agencies and the county court.
• Eviction can only be carried out by an official court bailiff—not your landlord directly.

The Tribunal for Renters in Wales

Currently, eviction hearings for standard rented homes in Wales take place at the county court, not a separate housing tribunal. However, for leasehold or certain disputes, the Residential Property Tribunal Wales handles appeals and decisions.

Your Rights and How to Challenge an Eviction

You may be able to challenge an eviction if:

• The notice was not served properly
• Your landlord didn’t follow the correct process
• You believe the reasons are unfair or incorrect

What to do:

1. Check the notice carefully and compare it to official templates.
2. Seek legal advice quickly—contact Shelter Cymru or your local council’s housing team.
3. Respond in writing if you believe the notice is invalid.
4. Attend any court hearing to present your case.

How Long Does the Eviction Process Take?

The whole process can take several months, depending on the notice period, court schedules, and your own circumstances. Act quickly at each stage to protect your rights.

FAQs: Eviction Notices and Tenant Rights in Wales

1. How much notice does my landlord have to give me in Wales?
   For most periodic contracts (no-fault evictions), your landlord must give at least 6 months' notice using a Section 173 Notice. For contract breaches, this can be shorter (usually 14 days).
2. Can my landlord evict me without going to court?
   No. Your landlord must always obtain a possession order from the county court if you don’t leave voluntarily after the notice period.
3. What should I do if I receive an eviction notice?
   Check that it is valid and seek advice immediately. Contact Shelter Cymru or your local council for support and do not ignore court papers.
4. What forms do landlords use for eviction in Wales?
   Most commonly, the Section 173 Notice (periodic contracts), Section 188 Notice (breach), and the court possession forms N5 and N119.
5. Where can I get reliable advice if I’m facing eviction?
   Contact Shelter Cymru, your local council, or the Residential Property Tribunal Wales for formal disputes or appeals.

Key Points to Remember

• Your landlord must follow the legal process in Wales before evicting you.
• Correct forms and notice periods are essential – errors could make an eviction invalid.
• Support is available to help you understand your rights and respond.

Need Help? Resources for Renters

• Shelter Cymru – Free housing advice
• Welsh Government: Renting Homes guidance
• GOV.UK: Eviction procedures
• Residential Property Tribunal Wales
• Local council’s housing team – for advice and support with homelessness

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1. Renting Homes (Wales) Act 2016
2. Form N5: Claim for Possession of Property – GOV.UK
3. Form N119: Particulars of Claim for Possession – GOV.UK
4. Welsh Government’s Model Written Statements
5. Residential Property Tribunal Wales

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