Welsh Possession Under Occupation Contracts 2026 — Complete Landlord Guide to RHWA 2016 Possession Procedure

Occupation Contracts in Wales — the framework since December 2022

Understanding the Occupation Contract framework is essential before considering possession:

• What is an Occupation Contract: An Occupation Contract is the Welsh equivalent of a tenancy agreement. There are two main types for the private rented sector: (a) Fixed Term Standard Contracts — equivalent to fixed-term ASTs (now only available for a minimum term of 2 years for most purposes, though shorter terms are permitted in limited circumstances); (b) Periodic Standard Contracts — equivalent to periodic assured tenancies; rolling on a monthly or weekly basis. All new letting contracts in Wales since 1 December 2022 are Standard Occupation Contracts. All existing ASTs in Wales on 1 December 2022 automatically converted to Periodic Standard Contracts by operation of the RHWA 2016
• Mandatory written statement: Every Occupation Contract must have a written statement (the equivalent of a tenancy agreement) setting out the contract terms. The landlord must provide this written statement within 14 days of the Occupation Contract commencing. Failure to provide a written statement is a breach — the contract-holder can claim compensation of up to 2 months' rent from the Landlord (administered via the court). The written statement must include the mandatory fundamental terms prescribed by RHWA 2016 regulations — these cannot be excluded or modified
• Fundamental terms — cannot be excluded: RHWA 2016 includes a set of fundamental terms that are implied into every Occupation Contract and cannot be waived, excluded, or modified to the contract-holder's detriment. Key fundamental terms include: (a) the landlord's obligation to keep the property fit for human habitation; (b) the landlord's obligation to carry out repairs to the structure, exterior, and installations (equivalent to England's Section 11 LTA 1985 duties); (c) the landlord's right of entry for inspection (with 24 hours' minimum notice); (d) the contract-holder's obligation to pay the occupation payment (rent); (e) the contract-holder's obligation not to cause nuisance or use the property for illegal purposes. Any clause attempting to restrict or remove these fundamental terms is void
• Rent Smart Wales — mandatory separate obligation: All Welsh landlords must register with Rent Smart Wales and hold a Rent Smart Wales landlord licence (or use a licensed agent). Rent Smart Wales registration is mandatory regardless of whether the landlord uses a Periodic or Fixed Term Standard Contract. Non-compliance with Rent Smart Wales is a separate offence and may affect the landlord's ability to serve valid notices — the Welsh Courts have considered whether non-compliance with the Rent Smart Wales regime affects possession proceedings

No-fault possession — Section 173 notice (6 months' minimum, periodic contract)

Section 173 RHWA 2016 is the no-fault notice route — the Welsh equivalent of the former Section 21:

• Section 173 notice for Periodic Standard Contracts — 6 months' minimum: A Welsh landlord wishing to end a Periodic Standard Contract without fault grounds must serve a Section 173 notice giving the contract-holder at least 6 months' notice before the date possession is required. This is substantially longer than England's former 2-month Section 21 minimum, and 6 months compared to England's 4 months for certain Section 8 grounds. The Section 173 notice must be in the prescribed form (set out in regulations made under RHWA 2016). The notice must state the date on which the landlord requires possession
• Section 173 notice — when it can be served: A Section 173 notice cannot be served within the first 6 months of a Periodic Standard Contract (the equivalent of the 4-month moratorium under the pre-RRA 2025 English Section 21). This means the earliest a Section 173 notice can be served is month 7 of a Periodic Standard Contract, with possession not obtainable until month 13 at the earliest (6 months' notice served from month 7). New landlords considering Welsh lettings must plan for this longer no-fault timeline
• Section 173 notice for Fixed Term Standard Contracts — at term end: For a Fixed Term Standard Contract, the landlord can serve notice that possession will be required at the end of the fixed term. A minimum notice of 6 months is still required for any fixed term (including terms of 2 years or more). The landlord cannot simply rely on the fixed term ending to obtain possession — the Section 173 notice must be served. If no Section 173 notice is served at the end of the fixed term, the Fixed Term Standard Contract converts automatically to a Periodic Standard Contract on expiry
• Court proceedings if contract-holder does not vacate: If the contract-holder does not vacate by the date specified in the Section 173 notice, the landlord must issue possession proceedings in the County Court under the RHWA 2016 procedure. The court will make a possession order if the Section 173 notice was validly served and the required period has expired. There is no equivalent to the accelerated possession procedure (APR) under the English Section 21 regime — all Welsh possession proceedings require a hearing unless the contract-holder consents to an order being made without one

Fault-based possession — Schedule 8 grounds

Schedule 8 to RHWA 2016 contains the fault-based grounds for possession — the Welsh equivalent of the English Schedule 2 HA 1988 grounds:

• Ground A — serious rent arrears (mandatory): This is the most commonly used fault-based ground. Ground A applies where the contract-holder has not paid at least 2 months' (or 8 weeks' if a weekly rent) occupation payment at the time the notice is served AND at the time of the court hearing. The notice period is 14 days (2 weeks) — the shortest available notice period under the Welsh regime. Ground A is a MANDATORY ground — if proved (2 months' arrears at notice AND at hearing), the court MUST make a possession order without discretion. This is equivalent to Ground 8 under the English Section 8 regime (also mandatory for 2+ months' arrears at both dates)
• Ground B — persistent delay in paying occupation payment: Ground B applies where the contract-holder has persistently been late in paying rent. This is a discretionary ground — the court considers whether it is reasonable to make a possession order. The landlord must demonstrate a pattern of persistent late payment. The notice period for Ground B is 1 month. Ground B is equivalent to England's Ground 11 (persistent delay in rent). Before relying on Ground B alone, landlords should consider whether Ground A (if arrears have built up) is also available — mandatory grounds are more reliable
• Ground C — anti-social behaviour and Schedule 2A conduct: Ground C applies where the contract-holder, or a person living in or visiting the property, has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing in, visiting, or otherwise engaging in lawful activity in the locality. Ground C is mandatory where the conduct amounts to a specific category of serious offence (Schedule 2A RHWA 2016 — analogous to Schedule 2A of the HA 1988 as amended by RRA 2025 in England). For less serious conduct, a discretionary version of Ground C applies. The notice period varies depending on whether the mandatory or discretionary version applies
• Additional possession routes — landlord occupation: There is a discretionary ground available where the landlord genuinely intends to occupy the property as their sole or principal home. This requires 6 months' notice and is a discretionary ground (court considers reasonableness). Landlords wishing to move into a Welsh property let on a Periodic Standard Contract must plan for the longer notice period and the risk that the court may decline possession on reasonableness grounds. This ground is equivalent in broad principle to England's Ground 1A (landlord intends to sell) or Ground 1 (own occupation) — but distinct in its Welsh legislative form

Unlawful eviction — Section 157 RHWA 2016 and consequences

Unlawful eviction of a contract-holder in Wales is a serious risk with significant financial consequences:

• Section 157 RHWA 2016 — contract-holder's compensation right: A contract-holder who is unlawfully evicted (i.e., deprived of their occupation rights without following the correct RHWA 2016 procedure) is entitled to compensation under Section 157 RHWA 2016. The compensation is assessed by the court and reflects the financial loss and distress suffered by the contract-holder. This is in addition to any criminal liability under the Protection from Eviction Act 1977 (which applies in Wales as in England) — unlawful eviction is a criminal offence in Wales
• Common unlawful eviction errors in Wales: Welsh landlords who apply English procedures to Welsh properties risk unlawful eviction claims. Common errors include: (a) serving a Section 21 notice on a Welsh Occupation Contract (Section 21 is abolished in Wales — the notice has no legal effect); (b) serving a Section 8 notice (Housing Act 1988 Schedule 2 grounds) on a Welsh Occupation Contract (Section 8 does not apply — the correct Welsh form and grounds must be used); (c) failing to give 6 months' notice under Section 173 for a no-fault periodic possession; (d) changing locks without a court possession order; (e) removing or restricting services to force the contract-holder to leave
• Protection from Eviction Act 1977 — criminal liability: The Protection from Eviction Act 1977 applies in Wales as in England. Unlawful eviction — removing a residential occupier from their home without a court order, or without reasonable belief that they have ceased to occupy — is a criminal offence. On summary conviction, an unlimited fine and/or up to 2 years' imprisonment. On conviction on indictment, up to 2 years' imprisonment. Local authority housing enforcement teams actively prosecute unlawful eviction in Wales
• Interaction with Rent Smart Wales: A landlord who does not hold a valid Rent Smart Wales licence (or whose property is not managed by a licensed agent) may be unable to lawfully serve possession notices. The Welsh Courts have considered the interaction between Rent Smart Wales compliance and the validity of possession notices — non-compliance can affect a landlord's ability to obtain possession. Ensure Rent Smart Wales registration and licensing is current before attempting to recover possession of any Welsh property

Frequently asked questions