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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FORM RHW16
LANDLORD’S NOTICE OF TERMINATION: PERIODIC STANDARD
CONTRACT WITH SIX-MONTH MINIMUM NOTICE PERIOD (OTHER THAN
INTRODUCTORY STANDARD CONTRACT OR PROHIBITED CONDUCT
STANDARD CONTRACT)
This form is for use by a landlord to give notice to a periodic standard contract-holder entitled to a six-month minimum notice period (except those holding an introductory standard contract or prohibited conduct standard contract) under section 173(1) of the Renting Homes (Wales) Act 2016 that he or she must give up possession of the dwelling on a specified date.
Part A: Landlord
Name:
Address:
Part B: Contract-Holder(s)
Name(s):
Part C: Dwelling
Address: , , Wales
Part D: Notice to Give Up Possession
In accordance with section 173 of the Renting Homes (Wales) Act 2016, the landlord gives notice to you, the contract-holder(s), that you must give up possession of the dwelling above on [date] .
If you, the contract-holder(s), do not give up possession of the dwelling on the date specified above, the landlord may make a possession claim to the court.
Note: The specified date must not be less than six months after the day on which this notice is given to the contract-holder(s).
Part E: Signature
Signed by, or on behalf of, the landlord:
Use of this form
This form should only be used where the periodic standard contract has a six-month minimum notice period and is not an introductory standard contract or prohibited conduct standard contract. If the periodic standard contract has a two-month minimum notice period, Form RHW17 should be used.
If the periodic standard contract is an introductory standard contract or prohibited conduct standard contract, Form RHW18 should be used, regardless of the length of the notice period.
Guidance notes for contract-holders
This notice is the first step requiring you to give up possession of the dwelling identified at Part C. You should read it very carefully. If you do not give up possession by the date given in Part D, your landlord may apply to the court for an order requiring you to give up possession.
If you are in any doubt or need advice about any aspect of this notice, you should first contact your landlord. Many problems can be resolved quickly by raising them when they first arise. If you are unable to reach an agreement with your landlord, you may wish to contact an advice agency (such as Citizens Advice Cymru or Shelter Cymru) or independent legal advisors. Disputes regarding your contract may ultimately be settled through the county courts. If you believe you are at risk of homelessness as a result of receiving this notice, you should contact your local authority for support.
Restrictions on giving this notice
First six months of occupation
In accordance with section 175 of the Renting Homes (Wales) Act 2016, this notice may not be given within the first six months of the occupation date of the contract. If the occupation contract is a substitute occupation contract (as defined in section 175(3) of that Act), this notice may not be given within the first six months of the occupation date of the original contract. This restriction does not apply if the occupation contract falls within Schedule 9 to that Act:
1. Prohibited conduct standard contracts
2. Tenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2
3. Supported accommodation
4. Accommodation for asylum seekers, etc.
5. Repealed – not applicable
6. Accommodation for homeless persons
7. Service occupancy
8. Service occupancy: police
9. Service occupancy: fire and rescue services
10. Temporary accommodation: land acquired for development
11. Temporary accommodation: short-term arrangements
12. Temporary accommodation: accommodation during works
Breaches of statutory obligations
In accordance with section 176 of the Renting Homes (Wales) Act 2016, this notice may not be given at a time when there is a breach of any statutory obligations listed in Schedule 9A to that Act:
1. Failure to provide written statement;
2. Six month restriction following failure to provide written statement within the period specified in section 31 (of that Act);
3. Failure to provide information;
3A. Failure to provide valid energy performance certificate;
4. Breach of security and deposit requirements;
5. Prohibited payments and holding deposits under the Renting Homes (Fees etc.) (Wales) Act 2019;
5A. Failure to ensure that working smoke alarms and carbon monoxide alarms are installed;
5B. Failure to supply electrical condition report etc.;
5C. Failure to provide gas safety report to contract-holder.
This notice may not be given unless the requirements of section 44 of the Housing (Wales) Act 2014 have been complied with.
In accordance with section 75 of the Housing Act 2004, this notice may not be given in relation to an HMO which is unlicensed in accordance with that Act.
Withdrawal of previous notice
In accordance with section 177 of the Renting Homes (Wales) Act 2016, if the landlord has previously given a notice under section 173 of that Act and has subsequently withdrawn it, the landlord may not give the contract-holder(s) a further notice of termination under section 173 of that Act within six months of the date that the notice was withdrawn. This is subject to the exception that within 28 days of the first notice of termination under section 173 of that Act (which was subsequently withdrawn), the landlord can give the contract-holder(s) one further notice of termination.
Retaliatory possession claim
A contract-holder may enforce or rely upon the landlord’s obligations in relation to fitness for human habitation and to keep the dwelling in repair under sections 91 and 92 of the Renting Homes (Wales) Act 2016. If the landlord issues this notice in response, a court may consider that the landlord is making a possession claim to avoid complying with those obligations (a retaliatory claim). In accordance with section 217 of that Act, the court may refuse to make an order for possession if it considers that the possession claim is a retaliatory claim.
In accordance with section 177A of the Renting Homes (Wales) Act 2016, this notice may not be given within six months of the court refusing to make an order for possession because it considered the claim to be a retaliatory claim.
Restrictions on bringing a possession claim
Time limits
In accordance with section 179 of the Renting Homes (Wales) Act 2016, the landlord may not make a possession claim before the date listed in Part D of this notice or after two months of that date.
Contains public sector information licensed under the Open Government Licence v3.0. Crown copyright. Published by Rocket Lawyer, 2024.
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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