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Wales Specific Guide

Landlord's Eviction Guide in Wales

Expert guidance through every stage of the possession process — from Section 173 & 182 Notices to navigating court proceedings, tenant defences, and common legal pitfalls.

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Legal Framework in Wales

In Wales, the eviction process is governed by the Renting Homes (Wales) Act 2016, which introduces specific requirements for landlords to follow when seeking possession of a property.

Renting Homes (Wales) Act 2016

Effective from 1 December 2022, this Act replaced Section 8 and Section 21 with new procedures specific to Wales.

Legacy tenancies:

Tenancies started before December 2022 may still require Section 8/21 rules until converted to occupation contracts.

Section 173 Notice
No-Fault Eviction
6 months minimum notice period required
Cannot serve within first 6 months of tenancy
No fault or reason needed from landlord
Ends periodic occupation contracts only
Section 182 Notice
Breach-Based Eviction
14 days for serious rent arrears
Immediate notice for antisocial behaviour
30 days for other contract breaches
Requires written explanation of breach

Step-by-Step Wales Eviction Process

1

Issuing the Correct Notice

Section 173 for no-fault evictions; Section 182 for tenant breaches.

Section 173 (No-Fault):

  • Permitted only after 6 months from contract commencement
  • Requires 6 months' written notice before proceeding
  • Ideal for periodic occupation contracts where possession is needed without alleging tenant fault

Section 182 (Breach-Based):

Used when the tenant has committed a breach, such as:

  • 14 days of rent arrears
  • Serious antisocial behaviour or criminal damage
  • Nuisance or other contract breaches

Notice period varies:

  • 14 days for serious arrears
  • Immediate for antisocial acts
  • 30 days for other contract breaches
Critical Compliance Requirements

Ensure the contract, deposit protection, EPC, gas safety, and model written statement were provided within statutory timeframes. Even minor administrative failures can invalidate the notice.

2

Filing for Possession — Uncontested vs Contested

Uncontested when no defence is filed; contested when the tenant responds.

Uncontested Process:

  • Section 173 cases typically proceed via administrative accelerated action if the tenant does not defend
  • Section 182 cases with rent arrears may use Form RHW20 with no hearing unless the tenant challenges the claim

Contested Cases:

  • Tenant submits a defence or counterclaim
  • Hearing is scheduled, landlord must present oral evidence, documents, and demonstrate notice compliance
  • Judges may adjourn, dismiss, or require full trial
3

Court Bundles & Documentation

Notice, written contract, prescribed documents, and breach evidence must be properly bundled.

Compile:

  • Copy of the served notice (Section 173 or 182)
  • Signed standard occupation contract or written statement
  • Proof of deposit protection & certificate issued
  • EPC and gas safety documentation
  • Rent arrears ledger, incident reports, invoices—whichever applies
  • Correct forms: Part-procedure forms RHW16, RHW18, RHW20 (as applicable)

Tenant receives court-issued defence and legal aid info—timeframes vary based on the notice served.

4

Court Hearing & Judicial Outcome

Judge weighs notice validity, contract compliance, tenant defence and landlord evidence.

At hearings:

  • Judges review legal sequence: contract, notice period, compliance documents
  • Tenant may cite invalid notice due to incorrect form, missing statement, or property complaints
  • Landlord presents documentary evidence and testimony

Possible outcomes:

  • Unconditional possession order
  • Conditional or suspended order based on hardship
  • Adjournment to give tenant time to remedy arrears or breach
  • Dismissal due to procedural or legal errors
5

Enforcement & Bailiffs

Landlords must obtain a warrant of possession and use court-appointed bailiffs to execute eviction.

After order:

  • Apply for a warrant for possession
  • Bailiffs execute the eviction in compliance with Welsh enforcement regulations
  • Any attempt at eviction without warrant violates the Protection from Eviction Act 1977

Avoid Common Pitfalls & Tenant Defences

What defences do tenants commonly use to delay eviction?

Invalid notice, missing documentation, repair issues, hardship.

Frequent defences:

  • Incorrect notice (wrong duration or form)
  • Missing contract/statements or late deposit info
  • Retaliatory eviction claims due to disrepair complaints
  • Tenant says they cannot find alternative accommodation

What common mistakes can invalidate a claim?

Early notice service, incomplete documentation, incorrect procedural steps under CPR Part 55 equivalent.

Practice errors:

  • Serving Section 173 before six-month threshold
  • Incorrect or missing written statement
  • Failing to protect deposit or issue EPC within time
  • Filing incomplete evidence bundles or skipping court forms

Summary: Eviction Routes in Wales

Eviction Type Notice Notice Period Court Type Hearing Required
No-Fault Section 173 Serve after 6 months, then 6 months' notice Accelerated Admin Only if tenant defends
Breach-Based Section 182 14, 30 days or immediate depending on breach Standard Hearing Yes if defended

Legal Support for Eviction in Wales

Looking for eviction support in Wales? We offer a range of clear, legal packages designed to make the eviction process straightforward and affordable from Notice Drafting to Cort Representation.

£1500
+ VAT Starting Price
Transparent pricing
No hidden costs
Fast turnaround
Online "Buy Now" option

Whether you need help drafting the notice or full court representation, our solicitors are here to support you from start to finish.

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Where do we operate?

We serve landlords across England and Wales

Barry
Bridgend
Caerphilly
Merthyr Tydfil
Pontypridd
Tredegar
Ebbw Vale
Abergavenny
Chepstow
Monmouth
Cwmbran
Pontypool
Aberdare
Port Talbot
Neath
Llanelli
Carmarthen
Haverfordwest
Pembroke / Pembroke Dock
Tenby
Brecon
Builth Wells
Llandrindod Wells
Newtown
Welshpool
Machynlleth
Aberystwyth
Rhyl
Colwyn Bay
Llandudno
Conwy
Holyhead
Caernarfon
Porthmadog
Pwllheli
Bala
Denbigh
Ruthin
Mold
Flint
Shotton

We appear in courts across the UK, including Birmingham Civil Justice Centre, London Central County Court, and Leeds Combined Court.

Ready to Start Your Wales Eviction Process?
Strict adherence to statutory timelines and document requirements is essential for successful eviction proceedings in Wales. At Housing Compensation & SLS Solicitors, we offer comprehensive Welsh legal support.
Notice Drafting

Section 173 & 182 notices

Court Filing & Representation

Expert Welsh court advocacy

Evidence Bundle Compilation

Complete documentation support

Bailiff Enforcement

Full enforcement support

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Have Questions or Need Legal Help?

If you need personalised advice or support with an eviction case, our specialist solicitors are here to help. Contact us for a free consultation and fixed-fee service options.

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