The Eviction Process in Wales: A Landlord's Guide

What's the eviction process in Wales?

There's no single "eviction process" under the Renting Homes (Wales) Act 2016 — the notice you serve, and how much notice you must give, depends entirely on why you're ending the contract. A no-fault section 173 notice needs a minimum of 6 months. A serious rent-arrears notice needs a minimum of 14 days. A notice for other breaches of the occupation contract follows its own separate route. Whichever notice applies, if the contract-holder (tenant) doesn't leave by the date it specifies, the next step is the same: an application to the county court for a possession order — a landlord can never remove someone from a property themselves.

The no-fault route: ending a contract under section 173

Section 173 of the Act gives a landlord the power to end a periodic standard contract without giving a reason, using Form RHW16. The date you specify can't be less than 6 months after you serve the notice — that minimum length comes from section 174, which is the timing rule attached to the section 173 notice, not a second, separate notice in its own right. You also can't serve a section 173 notice at all until the contract has run for at least 6 months (section 175). (Renting Homes (Wales) Act 2016, s.173, s.174 and s.175, accessed 10/07/2026)

Beyond those two 6-month rules, a section 173 notice can still fail if any of a further set of bars apply: an outstanding compliance failure (missing written statement, EICR, smoke/CO alarms, gas safety check or deposit protection), an unregistered or unlicensed Rent Smart Wales status, an unlicensed HMO, serving again within 6 months of a previous notice, or serving in apparent retaliation for a contract-holder's complaint. A possession claim also can't be made more than 2 months after the notice's specified date. (Renting Homes (Wales) Act 2016, s.176, s.177, s.178 and s.179; s.217, accessed 10/07/2026) See our full section 173 notice guide for the step-by-step service requirements.

Rent arrears: when can I apply for possession?

A contract-holder on a monthly contract is "seriously in arrears" — the ground for possession — once at least 2 months' rent is unpaid (8 weeks on a weekly, fortnightly or 4-weekly contract; more than 3 months on a quarterly one). There's no cash figure anywhere in the Act: arrears are always defined by rent periods, never by a pound amount, so don't rely on any "£X owed" rule of thumb. The ground is section 181 for a periodic contract or section 187 for a fixed-term one; the notice is served under section 182 or section 188 respectively, and both routes share the same form, Form RHW20. (Renting Homes (Wales) Act 2016, s.181, s.182, s.187 and s.188; Form RHW20, gov.wales, accessed 10/07/2026)

Once served, a possession claim can't be made within 14 days of the notice, or more than 6 months after it. If the case reaches a hearing, the court must order possession provided the arrears were still serious both on the day the notice was given and on the day of the hearing — so a contract-holder who clears the arrears before the hearing date can defeat the claim. Full detail is in our rent arrears guide.

What about breaches that aren't rent arrears?

Antisocial behaviour, property damage, or other breaches of the occupation contract that aren't about rent follow their own separate notice route (Form RHW23), distinct from both the no-fault and arrears routes above, with a timescale that depends on the type and seriousness of the breach.

Comparing the routes

Route	Ground	Minimum notice	Form
No-fault	Any reason; contract must be 6+ months old	6 months (s.174)	RHW16 (s.173)
Serious rent arrears — periodic contract	2+ months' rent unpaid (monthly contract)	14 days (s.182)	RHW20 (s.181/182)
Serious rent arrears — fixed-term contract	2+ months' rent unpaid (monthly contract)	14 days (s.188)	RHW20 (s.187/188)
Other breach (damage, antisocial behaviour, etc.)	Breach of an occupation contract term	Depends on the breach	RHW23

What happens if the contract-holder doesn't leave?

If nobody has left by the date on a valid notice, the next step is a possession claim to the county court — not changing the locks, not removing belongings, not doing anything yourself.

If the court grants a possession order and the contract-holder still doesn't leave, only court bailiffs (or, in some cases, a High Court enforcement officer) can lawfully carry out the eviction. A landlord acting before that stage — however strong the case — is acting unlawfully, see below.

What landlords must never do

Regardless of arrears owed, notices served, or how sure you are you're in the right: changing the locks, removing a contract-holder's belongings, cutting off gas, electricity or water, or otherwise forcing someone out without a court order is unlawful eviction. It carries criminal liability and can also expose you to a civil damages claim from the contract-holder — the fact that you would likely have won at a hearing is irrelevant if you don't wait for one. Serving a section 173 notice shortly after a contract-holder raises a legitimate complaint also risks being treated as retaliatory, which is itself one of the bars that can invalidate the notice. (Renting Homes (Wales) Act 2016, s.217, accessed 10/07/2026)

Talk to us before you serve anything

A possession claim built on our management shouldn't fail over a missing EICR or a lapsed Rent Smart Wales registration — we handle the notices, court applications and underlying compliance for every property we manage. Managing an arrears case or a breach yourself? Get in touch and we'll check it before you serve anything. Related reading: our Renting Homes (Wales) Act guide, Rent Smart Wales registration and licensing, and the full Welsh landlord compliance hub.

Frequently asked questions

Can I evict a tenant immediately for rent arrears in Wales?

No. Even once arrears are "serious" (2 months' rent unpaid on a monthly contract), you must serve a notice and then wait at least 14 days before applying to court — and the arrears must still be serious on the day of the hearing, not just when you served the notice.

What's the difference between a section 173 notice and a section 182 notice?

A section 173 notice is the no-fault route — ending a contract without giving a reason, with a minimum 6 months' notice. A section 182 notice is different: it's for serious rent arrears on a periodic contract (section 188 covers a fixed-term one), needs only 14 days, and both are served on the same form, RHW20. They're not interchangeable — a section 173 notice can't be used to fast-track an arrears case.

Is there a minimum amount of rent arrears in pounds before I can apply for possession?

No. Welsh law defines "seriously in arrears" purely by rent periods — 2 months' unpaid rent on a monthly contract, for example — never by a cash figure. Any specific pound-amount threshold you've seen quoted elsewhere isn't in the Act.

Can I change the locks if my tenant won't leave after the notice period?

No. Doing so without a court order is unlawful eviction, regardless of how much notice you've given or how much rent is owed. You must apply to the court for a possession order and, if necessary, have it enforced by bailiffs.

How much notice do I need to give to evict a tenant in Wales?

It depends on the ground. A no-fault section 173 notice needs a minimum of 6 months. A serious rent-arrears notice needs a minimum of 14 days. Both then require a separate application to court if the contract-holder doesn't leave by the date given.

Do I need a solicitor to serve an eviction notice in Wales?

Not by law, but the notice has to be technically correct (right form, right ground, served the right way), and errors can invalidate it and cost you months. Many landlords use a solicitor or a licensed letting agent for this reason.