What Happens If You Ignore an Eviction Notice in Wales?

If you've received an eviction notice in Wales, it's natural to feel anxious or want to avoid the situation. But ignoring an eviction notice does not make it disappear, and can make things more difficult in the long run. Welsh renters benefit from strong legal protections, so it's important to understand the formal eviction process, your rights, and the key steps you should take.

Understanding Eviction Notices in Wales

In Wales, most renters now have an 'occupation contract' under the Renting Homes (Wales) Act 2016^[1]. There are different types of eviction notices your landlord may serve, such as a 'Section 173 notice' for ‘no fault’ evictions or a 'Section 186 notice' for breaches of contract.

• Section 173 Notice: Used by landlords to end a standard occupation contract without alleging a breach (similar to a 'Section 21' in England). The minimum notice period is usually six months.
• Section 186 Notice: For ending a contract because the tenant has breached terms (such as rent arrears or damage). Notice periods can be as little as one month.

All notices must be correctly served and meet strict legal rules. They must state the correct notice period and be delivered in writing.

What Happens If You Ignore an Eviction Notice?

Simply ignoring an eviction notice in Wales does not stop the process. If you take no action, your landlord must still follow the legal procedure, but you could risk losing your chance to negotiate or raise a defence.

• The notice period starts once you receive the eviction notice.
• If you remain after the notice expires, your landlord can apply to the court for a possession order.
• The court, not your landlord, decides if you have to leave and when.

If you ignore further court paperwork, the process can continue without your input, and you may miss opportunities to explain your side or ask for more time.

The Court Process and Possession Orders

• Possession Claim: After the notice period ends, your landlord can complete an official court form (see below) to start a possession claim.
• Court Hearing: You will get paperwork from the court. If you ignore this, the judge will usually make a decision based only on the landlord's evidence.
• Possession Order: If the landlord succeeds, the court makes an order for you to leave the property by a certain date.
• Bailiff Eviction: If you still do not leave, the landlord can ask the court to send County Court bailiffs to carry out the eviction. Only bailiffs (not landlords themselves) can lawfully remove you.

Key Official Forms: What Renters Should Know

• N5 Claim Form for Possession of Property: Used by landlords to formally ask the court for possession if the tenant does not leave after notice expires.
  Example: If you receive this, you’ll have a limited time (usually 14 days) to reply and give the court your side. See the official N5 Claim Form here.
• N11 Defence Form: Sent to you by the court with the claim form. Use this to explain your situation, e.g., if the notice was invalid or you have a reason to stay.
  Example: If you feel the notice wasn't served properly or you’re being evicted unfairly, return this form to the court within the deadline. See the official N11 Defence Form here.
• N54 Notice of Possession Order: The document issued if the court grants a possession order, telling you when you must leave. More about the N54 form.

'Ignoring' these forms can result in the court making decisions without your input. Always read everything carefully and seek advice if needed.

Your Rights and Protections as a Renter

• You cannot be forced out without a court order and bailiffs.
• Landlords must follow the strict legal process—illegal eviction is a criminal offence.
• You have the right to challenge an eviction notice if it's invalid, or request more time from the court in certain situations.

For disputes about possession or eviction, the relevant official tribunal is the County Court (Wales), as Wales currently does not have a separate First-tier Tribunal for housing. All possession claims are handled through the courts.

What Should You Do If You Get an Eviction Notice?

Staying informed and responding quickly can help protect your home and your rights. Here are recommended action steps:

• Read the notice and check it's valid. Is the correct notice period given? Was it served properly?
• Seek advice from Shelter Cymru, your local council, or the Citizens Advice network.
• If you receive court papers, complete and return the N11 Defence Form by the deadline.
• Attend any court hearings (in person or virtually) to explain your situation or ask for more time.

For a full legal guide, visit the Welsh Government's tenant guidance.

FAQs: Ignoring Eviction Notices in Wales

1. Can my landlord force me out without going to court if I ignore the notice?
   No, your landlord cannot legally remove you without a court order and bailiffs. Only bailiffs appointed by the court can carry out an eviction.
2. What happens if I don’t respond to court paperwork after the notice period?
   The court can make decisions in your absence, and you may lose your ability to raise a defence or request more time.
3. Does ignoring an eviction notice give me more time to stay?
   No, ignoring the process does not legally delay your eviction. In some cases, you may be removed faster if you don’t engage.
4. What should I do if I think the notice is invalid?
   Respond in writing and seek advice immediately. You can raise this defence by returning the court’s N11 form or contacting a support service.
5. Where can I find more information about my rights in Wales?
   Visit the Welsh Government’s tenant guide or contact Shelter Cymru.

Conclusion: Key Takeaways

• Never ignore an eviction notice—engaging with the process can help protect your rights.
• You cannot be lawfully evicted in Wales without a court order and bailiffs.
• Seek advice and respond to all paperwork quickly to avoid losing your chance to defend your home.

Understanding your rights and taking action early means you have more control over the outcome.

Need Help? Resources for Renters in Wales

• Welsh Government Renting Homes: Guidance for Tenants
• Shelter Cymru: Free Housing Advice (call 08000 495 495)
• Citizens Advice Wales – Housing
• Contact your local council’s housing team for help with homelessness or urgent eviction support.

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1. Renting Homes (Wales) Act 2016: see full legislation
2. Court forms (England & Wales): official possession proceedings guidance
3. Welsh Government tenancy rights guide: official tenant guidance

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