MAKE YOUR FREE Section 173 Notice for Wales
What we'll cover
What is a Section 173 Notice?
A Section 173 Notice is used by landlords to inform a contract holder that they intend to end their occupation contract and repossess the dwelling (ie property) that was rented to them. ‘Section 173’ refers to the section of the Renting Homes (Wales) Act 2016 (‘the Act’) that requires landlords to serve notice when undertaking no fault evictions. As Section 173 Notices are no fault eviction notices, landlords don’t need to give a reason for the eviction.
For use in Wales only.
When should I use a Section 173 Notice?
Use this Section 173 Notice:
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if you want to end a periodic standard occupation contract or a converted periodic standard occupation contract
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if the contract is not fixed-term occupation contracts
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when the contract holder is not at fault
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after the first 6 months of the contract holder’s occupation of the dwelling (or after the first 4 months if they have a converted occupation contract)
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when none of the situations that can invalidate a Section 173 Notice are relevant
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for property in Wales
Sample Section 173 Notice
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SECTION 173(1) NOTICE
Landlord’s Notice of Termination of a Periodic Standard Contract Under Section 173(1) of the Renting Homes (Wales) Act 2016
Notice date: .
| Landlord |
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| Contract Holder | . |
| Dwelling | , , Wales.
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The Landlord gives notice in accordance with section 173 of the Renting Homes (Wales) Act 2016 to you, the Contract Holder, that you must give up possession of the Dwelling on or before (the Possession Date). This Possession Date is such that a notice period of at least months is created between the date this notice is served to the Contract Holder and the Possession Date.
If you, the Contract Holder, do not vacate the Dwelling and give up possession by the Possession Date specified above the Landlord may pursue a possession claim via the courts to gain possession of the Dwelling.
Information for Contract Holders
- This notice is the first step in the repossession (i.e. eviction) process. If you do not give up possession of (i.e. leave) the Dwelling by the Possession Date, your landlord may apply to the courts for an order for possession. They cannot apply to the courts until the expiry of this notice (i.e. before). If the courts grant an order for possession this will legally require you to leave the property. Your landlord cannot lawfully evict you until such an order for possession has been obtained.
- If the courts consider that this notice is served as a retaliatory eviction (i.e. in response to your attempts to rely on or enforce the Landlord’s obligations to keep the Dwelling in repair and fit for human habitation) they may not make an order for possession.
- This notice is only valid if your Landlord has:
- Given you adequate notice to vacate the Dwelling (i.e. a minimum of as your occupation contract is).
- Not served this notice within the first of your occupation of the Dwelling (unless your contract falls into the category of contracts in Schedule 9 of the Renting Homes Wales (Act) 2016).
- Not breached a landlord’s statutory obligation by failing to do one of the following:
- Provide a written statement of your occupation contract (and, if they’ve since done so, for 6 months after the date the written statement was given to you.
- Provide you with certain information (e.g. their contact address).
- Provide you with a valid energy performance certificate (EPC).
- Supply an electrical condition report and a gas safety report.
- Ensure smoke alarms and carbon monoxide alarms are installed and functional.
- Store your deposit in accordance with an authorised deposit scheme and provide you with information about the scheme.
- Not charge you any prohibited fees.
- Be correctly registered with Rent Smart Wales.
- Be correctly registered as a House in Multiple Occupation (HMO) if required.
- If you think that your Landlord has breached one of these obligations, consider seeking advice (see below) to check the details applicable to the relevant statutory requirement (e.g. some of the obligations above may have exceptions).
- If you have any questions about this notice and its contents you should first contact your Landlord to discuss your options. If this does not resolve your questions or issues, or for more information about your rights, you should obtain advice from Citizens’ Advice Cymru, Shelter Cymru, or an independent legal advisor. If you feel you are at risk of homelessness as a result of this notice, contact your Local Authority for support.
About Section 173 Notices
Learn more about making your Section 173 Notice
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How to make a Section 173 Notice
Making a Section 173 Notice online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Section 173 Notice you will need the following information:
Party details
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What are the landlord’s details (ie legal structure, name and address)?
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What is the contract holder’s name?
Eviction
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What is the address of the dwelling
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What type of occupation contract does the contract holder have?
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On what date will this Notice expire?
The Notice
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What is the date of the Notice?
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Who will sign the Notice, the landlord or their agent? If relevant, what are the signatory’s details?
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Common terms in a Section 173 Notice
A Section 173 Notice is used to end a periodic standard occupation contract in Wales when there’s no fault involved on the contract holder’s part. As a result, this Notice covers:
The Notice itself
The body of the Notice sets out specific details relating to the landlord, the contract holder, the dwelling and eviction. It sets out that the landlord is evicting the contract holder through no fault of their own, provides the necessary notice period and asks the contract holder to vacate the dwelling at the end of the notice period.
Information for contract holders
This section covers important information for contract holders, which they should know about the Section 173 Notice process. This includes information about what the Notice means, when it can be used and when it may be invalid.
If you want your Section 173 Notice to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Notice for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Section 173 Notice
Ensure you’ve complied with the relevant laws
Contract holders are awarded many protections to ensure that they’re treated fairly. As a landlord, you should familiarise yourself with these protections to ensure you comply with them. This is especially important in light of the introduction of the Renting Homes (Wales) Act 2016 in December 2022. For more information on these relevant laws in Wales, read Evictions in Wales FAQs, Repossessing property in Wales, Occupation contracts in Wales, Residential tenancies in Wales and Retaliatory evictions.
Make sure your Section 173 Notice is valid
As a landlord, there are various things you can do (or fail to do) that may invalidate a Section 173 Notice. It is important that you don’t invalidate your Notice as this may delay the eviction process and, in some cases, may even be against the law and result in you having to pay penalties. Things you should do to ensure that you serve a valid Section 173 Notice include:
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giving your contract holder enough notice, in compliance with the Act. Make sure to consider any postage time when calculating your notice period
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not breaching your legal obligations as a landlord (eg by failing to provide a written statement of the occupation contract or by failing to provide a valid EPC)
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not issuing a retaliatory eviction (ie not evicting a contract holder because they complained about the dwelling)
For more information, read the FAQ ‘When is a Section 173 Notice valid?’.
Consider your contract holder’s situation
Serving a Section 173 Notice on a contract holder without warning can be stressful. To minimise this, it’s good practice to discuss the situation with your contract holder before serving a Section 173 Notice. You may, for example, explain why you’re planning to evict them and let them know that a Notice will be arriving. You could discuss alternative options with your contract holder. For example, you could create a new Occupation contract with terms suited to your situation.
Understand when to seek advice from a lawyer
If you have questions about how to make your Section 173 Notice, you can Ask a lawyer for assistance. Also consider asking for advice if:
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you’re unsure what kind of occupation contract you have
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you’re unsure if one of the exceptions or situations outlined above applies to you
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you are a community landlord
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you want to evict a tenant from a property located outside of Wales
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this Notice doesn’t meet your specific needs
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Section 173 Notice FAQs
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What is included in a Section 173 Notice?
This Section 173 Notice template covers:
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identifying the landlord(s), contract holder(s), and dwelling
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explaining to the contract holder:
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the legal basis for the Notice and their intentions to repossess the property
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what their rights are and where they can seek advice on their situation
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signing provisions, including an option to sign via an agent
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When is a Section 173 Notice valid?
There are various situations that mean no fault eviction is not an option and a Section 173 Notice that’s served will be invalid. These include:
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not enough notice has been given (eg at least 6 months or at least 2 months, depending on the type of occupation contract)
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the Notice has been served within the first 6 months (or 4 months for a converted periodic occupation contract) of the contract holder’s occupation of the dwelling (under this contract and any fixed term contract preceding it)
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there is an exception to this rule for occupation contracts within Schedule 9 of the Act. This includes contracts that are only occupation contracts if the landlord notifies the contract holder that they are to be such before or at their commencement. This may include, for example, Lodger agreements or holiday lets
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the landlord has breached one of their landlord’s statutory obligations. Specifically, if they’ve failed to:
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provide the contract holder with a written statement of their occupation contract (if they later provide one, there’s still a 6-month ban on Section 173 Notices after the date it was provided
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provide the contract holder with certain information (eg their contact address)
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provide a valid energy performance certificate (EPC)
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provide an electrical condition report and a gas safety report
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ensure smoke alarms and carbon monoxide alarms are installed and functional
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store the contract holder’s deposit in accordance with an authorised deposit scheme or to provide them with prescribed information about the scheme
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avoid charging prohibited fees
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be correctly registered with Rent Smart Wales
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be correctly registered as a House in Multiple Occupation (HMO), if required
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the Notice constitutes a retaliatory eviction (ie the landlord is using it in an attempt to avoid their obligations to keep the dwelling in repair and fit for human habitation)
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the landlord has previously given another Section 173 Notice to the contract holders that they later withdrew, and the date they withdrew the previous Notice is less than 6 months ago (ie the landlord must wait 6 months before serving any new Section 173 Notices)
The Notice must also be correctly served (see the Make it legal checklist for more information).
Also note that, if the contract holder doesn’t leave the dwelling by the end of the notice period and you decide to start a possession claim via the courts, the claim must be made within 2 months of the Notice’s expiry date.
Some of these situations are complex and exceptions can apply. If you’re unsure whether one of these situations applies to you, Ask a lawyer for help. For more information, read Repossessing property in Wales and Legal obligations of a landlord.
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How much notice must I give?
For most periodic standard occupation contracts, at least 6 months’ notice must be given. This Section 173 Notice is designed to be used for periodic standard occupation contracts that have a 6-month notice period.
This 6-month notice period may not apply to periodic standard occupation contracts that fall within Schedule 8A of the Act, where only 2 months’ notice needs to be given. In this situation, this Section 173 Notice should not be used; Form RHW17 should be used instead. If you’re unsure whether your occupation contract falls within Schedule 8A, you could err on the side of caution and provide at least 6 months’ notice. Alternatively, Ask a lawyer for advice.
It’s a good idea to give more notice to account for the time taken to serve (ie deliver) the Section 173 Notice, as the notice period starts when the contract holder receives the Notice.
For more information, read Repossessing property in Wales and Evictions in Wales FAQs.
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What happens after I serve the Notice?
If the contract holder does not leave the dwelling by the date specified in the Notice (whether you gave the minimum period required or longer), the landlord may start a claim in the courts to repossess the property after the end date of the Notice. The landlord must start a claim within 2 months, starting from the date specified in Part D of the Notice. They will not be able to start a claim once that 2-month period has ended.
The courts should grant the order for possession unless:
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the Section 173 Notice was not valid (for one or more of the reasons specified above), or
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a relevant human rights defence applies
You cannot evict a contract holder until an order for possession is obtained. The contract holder is legally required to leave the property once an order is obtained. If they don’t, you can seek to enforce the order (eg using a bailiff). For more information, read Repossessing property in Wales.
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When will the occupation contract end after the Notice is served?
Where the contract holder(s) gives up possession of the property before or on the Notice’s expiry date (ie the date specified in Part D of the Notice), the occupation contract will be deemed to have ended on that specified date.
Where the contract holder(s) do not vacate the property until after the specified date but as a result of the Notice, the contract will end on the date they give up possession. This date will be dependent on whether they give up possession of their own accord or whether possession is given up in relation to a possession order provided by the court.
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What if there are multiple contract holders or multiple landlords?
An occupation contract may have multiple landlords. This Section 173 Notice template allows you to enter multiple individual landlords’ details (eg if the property is rented out by a couple who jointly owns it). All landlords should sign the Notice. If there are multiple corporate landlords, Ask a lawyer for advice.
An occupation contract can also have multiple contract holders (referred to as joint contract holders). You should include the names of all contract holders in your Section 173 Notice.
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What if a contract holder has done something wrong?
If you want to evict your contract holder for a specific reason (eg because they have breached the terms of the contract), this Notice will not be appropriate. Instead, you should use an eviction notice that reflects your circumstances. For example, if your contract holder has:
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not paid the rent and is in serious rent arrears, use a Serious rent arrears eviction notice for Wales
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breached a term of their occupation contract, use a notice before a possession claim for Wales
For more information, read Repossessing property in Wales.
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What if the property is located in England or Scotland?
This Section 173 Notice is for use in Wales only. To carry out a no fault eviction in England, you can use a Section 21 (Form 6A) notice for England. For more information, read Repossessing property - section 21 notices.
In Scotland, no fault evictions are not permitted and you can only repossess a property if at least one of 18 legal grounds applies.
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