Eviction: standard contracts with different rules for ‘no fault’ notices

  • Some standard occupation contracts have less protection from eviction
  • You might be entitled to less notice in some situations
  • Getting help at an early stage can help to prevent homelessness

Some standard occupation contracts made with community landlords and private landlords on or after 1 December 2022 have different rules about eviction. These rules cover rights such as how much notice you get if the landlord is using the ‘no fault’ procedure, or how long after your contract starts that you can be given a ‘no fault’ notice.

If you moved into your home before 1 December 2022 you may have a converted occupation contract. Converted contracts can also have different rules about notices when the landlord wants to evict you. Please read our advice about converted contracts and eviction.  

This page contains information about the kinds of renting agreement that have different eviction rules. You may also want to read our general advice about Exceptions when renting from a private landlord. 

‘No fault’ notices 

Notice periods: 

Most standard occupation contracts with private landlords require that your landlord gives 6 months’ notice if they are evicting you without giving a reason (also known as a ‘no fault’ eviction). However, most standard contracts with community landlords and some kinds of standard contracts with private landlords only require 2 months’ notice before court action can begin.  

The kinds of standard contracts requiring only 2 months’ ‘no fault’ notice are:  

  • if the property you are renting is provided by your employer  
  • if you are a student renting from your university (if you are living in purpose-built student accommodation and this is provided by a private company you may still be entitled to 6 months’ notice, get help if you are in this situation) 
  • if you are living in temporary accommodation provided by a private or community landlord as part of the council’s homelessness duties, and have been given a standard contract  
  • if you live in supported accommodation and have a supported standard contract 
  • if you have a prohibited conduct standard contract with a community landlord 
  • if you are a member of the police force and they provide your home 
  • if you are a member of the fire service and they provide your home 
  • if you are renting a holiday home under a standard contract (holiday lets are not usually standard occupation contracts unless you receive notice that it is a standard contract) 
  • If you are renting in a care institution under a standard contract (renting agreements in care institutions are not usually standard occupation contracts unless you receive notice that it is a standard contract) 

Notice is usually required to be given on a RHW17 form or, if your landlord is giving 2 months’ notice under a landlord’s break clause, an RHW25 form.

Remember, it is likely to be an illegal eviction if your landlord makes you leave your home without getting a court order.

When you can be given notice

Private landlords are usually not allowed to give a ‘no fault’ notice until at least 6 months after a periodic standard contract starts. This is increased to 18 months for fixed term standard contracts.  

However, some renting arrangements with standard contracts allow private and community landlords to give a ‘no fault’ notice (‘section 173 or, a break clause notice if you have a fixed term standard contract) at any time. These circumstances include:  

  • if the property you are renting is provided by your employer 
  • if you are living in temporary accommodation provided by a private or community landlord as part of the council’s homelessness duties, and have been given a standard contract 
  • if you live in supported accommodation and have a supported standard contract 
  • if you have a prohibited conduct standard contract with a community landlord 
  • if you are a member of the police force and they provide your home 
  • if you are a member of the fire service and they provide your home 
  • if you are renting a holiday home under a standard contract (holiday lets are not usually standard occupation contracts unless you receive notice that it is a standard contract) 
  • If you are renting in a care institution under a standard contract (renting agreements in care institutions are not usually standard occupation contracts unless you receive notice that it is a standard contract) 

Break clauses in fixed term contracts of less than 2 years 

Most fixed term standard contracts can only contain a break clause allowing the landlord to evict you during the fixed term if the fixed term is 2 years or more. Also, your landlord can’t give notice using a break clause until 18 months after your contract started.  

However, there are some renting arrangements where the landlord can: 

  • include a break clause in a fixed term standard contract of less than 2 years   
  • give you a break clause notice earlier than 18 months after the contract started.  

These circumstances include:  

  • if the property you are renting is provided by your employer 
  • if you are living in temporary accommodation provided by a private or community landlord as part of the council’s homelessness duties, and have been given a standard contract 
  • if you live in supported accommodation and have a supported standard contract 
  • if you are a member of the police force and they provide your home 
  • if you are a member of the fire service and they provide your home 
  • if you are renting a holiday home under a standard contract (holiday lets are not usually standard occupation contracts unless you receive notice that it is a standard contract) 
  • If you are renting in a care institution under a standard contract (renting agreements in care institutions are not usually standard occupation contracts unless you receive notice that it is a standard contract)

Section 186 notices – end of a fixed term standard contract 

There are some kinds of renting arrangements that allow your landlord to use a ‘no fault’ notice at the end of a fixed term standard contract. This is known as a ‘section 186’ notice and the rules about this kind of notice are different. 

Your landlord can give you a ‘no fault’ before the fixed term ends (a section 186 notice). The notice period must be at least 2 months. The end of the notice can’t be before the end of the fixed term.

A ‘section 186’ notice can be given before the end of the fixed term, but the notice period cannot end until the fixed term ends.  

A ‘section 186’ notice’ must give 2 months’ notice before the landlord starts court action. 

If the landlord applies to the court for a possession order, then the court have to agree to the order as long as the landlord has followed the correct procedure. 

Notice should be given on a RHW22 form, or, if you have a converted fixed term contract with a private landlord, an RHW38 form    .

Restrictions on using a ‘no fault’ section 186 notice

In order to use a ‘section 186’ notice the landlord must:  

  • give a written contract within 14 days of your contract starting. If this is the case the landlord can’t give you a ‘no fault’ notice until 6 months after providing the written contract 
  • provide you with an address that you can send correspondence to  
  • provide you with a valid energy performance certificate (EPC) 
  • registered, and obtained the proper licence, or appointed an agent who is licensed. You can check the Rent Smart Wales public register to see if your landlord or agent is registered and complied with the licensing rules. 
  • protected your deposit with a tenancy deposit scheme and given you certain prescribed information within 30 days. 
  • not charged you a banned letting fee or failed to give back a returnable holding fee (if your landlord returns the banned fee they can then serve notice) , . 
  • ensured that there are working smoke and (where needed) carbon monoxide alarms in your home 
  • provided a current electrical installation condition report (EICR) 
  • provided a current gas safety report 

When a ‘section 186’ 2 months’ notice can be given:

  • if the property you are renting is provided by your employer 
  • if you are living in temporary accommodation provided by a private or community landlord as part of the council’s homelessness duties, and have been given a standard contract 
  • if you live in supported accommodation and have a supported standard contract 
  • if you are a member of the police force and they provide your home 
  • if you are a member of the fire service and they provide your home 
  • if you are renting a holiday home under a standard contract (holiday lets are not usually standard occupation contracts unless you receive notice that it is a standard contract) 
  • If you are renting in a care institution under a standard contract (renting agreements in care institutions are not usually standard occupation contracts unless you receive notice that it is a standard contract)

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We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.

This page was last updated on: April 22, 2023

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