LANDLORD AND TENANT

Evicting a Tenant in Wales

The routes to possession under the Renting Homes (Wales) Act, how much notice you must give, and the mistakes that make a notice invalid.

The routes to possession

In Wales, how you end a standard occupation contract depends on why, and each route has its own notice period.

RouteWhen it appliesNotice
No-fault (section 173)A periodic standard contract, after the first six months of occupation, and only if you have met your legal obligationsAt least 6 months
Serious rent arrearsTwo months' rent or more unpaid (where rent is monthly)14 days
Other breach of contractSmaller arrears or other breaches, such as damage to the property1 month
Anti-social behaviourAnti-social behaviour or other prohibited conductA claim can be made straight away

These are minimum periods. After the notice period ends, a possession claim must normally be made within six months. The Welsh Government publishes the forms to use, such as RHW16 for a section 173 notice and RHW20 for serious rent arrears, and using the wrong form or wording can invalidate the notice.

Check before you serve a section 173 notice

A section 173 notice can be invalid if you have not met your own obligations. Before you serve one, check that:

  • You, and any agent, are registered and licensed with Rent Smart Wales as required
  • You gave the contract-holder a written statement of the contract on time
  • Any deposit is protected in an authorised deposit scheme and the required information was given
  • The home meets the fitness for human habitation requirements (see our Renting Homes (Wales) Act guide)
  • Six months have passed since the occupation date, and you are giving at least six months' notice

If the contract-holder does not leave

A notice does not make anyone leave. If the contract-holder stays after the notice period, you must apply to the county court for a possession order, and, if they still do not leave, for bailiffs to enforce it. For a section 173 claim, an accelerated procedure is available, which is normally decided on the papers without a hearing if the notice and paperwork are in order. Other claims, such as those based on rent arrears or breach, follow the standard procedure. The court decides whether to grant possession, and on breach-based claims it may consider whether it is reasonable to do so. The whole process, from notice to enforcement, can take several months.

Never take matters into your own hands. Changing the locks, removing belongings or harassing a contract-holder to make them leave can be a criminal offence, and can leave you facing a claim for damages.

Common mistakes

  • Serving a section 173 notice when the landlord is not registered or licensed
  • Forgetting the written statement, or issuing it late
  • Not protecting the deposit in an authorised deposit scheme within 30 days
  • Using the wrong form, the wrong notice period or the wrong date
  • Serving a notice for rent arrears when the arrears are below the threshold

We check every notice before it is served. See how we help landlords.

Frequently asked questions

How long does a section 173 notice have to be?

At least six months. You also cannot serve one in the first six months of the contract, so a landlord cannot normally end a standard contract using section 173 within the first 12 months.

What if the contract-holder stops paying rent?

If at least two months' rent (where rent is monthly) is unpaid, you can serve a serious rent arrears notice with 14 days' notice. For smaller arrears, the notice is usually one month. Acting early, and speaking to us before you serve anything, helps.

Can I change the locks or remove them myself?

No. You must go through the court. Forcing a contract-holder out without a court order, or harassing them, can be a criminal offence.

What happens if my notice is invalid?

The court cannot make a possession order on an invalid notice, so you would have to serve a new one and start again, which means further delay. That is why we check notices before you serve them.

Useful links

More helpful sites are collected on our useful links page. We are not responsible for the content of other websites. This page gives general information, not legal advice, and is correct as at October 2026.

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