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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 |
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| 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
Rent out a flat in Wales under an Occupation Contract
Rent out a room under an occupation contract in Wales
Rent out a house in Wales under an Occupation Contract
Start the eviction process for a tenant in rent arrears
This Section 173 Notice template covers:
identifying the landlord(s), contract holder(s), and dwelling
explaining to the contract holder:
the legal basis for the Notice and their intentions to repossess the property
what their rights are and where they can seek advice on their situation
signing provisions, including an option to sign via an agent
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:
not enough notice has been given (eg at least 6 months or at least 2 months, depending on the type of occupation contract)
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)
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
the landlord has breached one of their landlord’s statutory obligations. Specifically, if they’ve failed to:
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
provide the contract holder with certain information (eg their contact address)
provide a valid energy performance certificate (EPC)
provide an electrical condition report and a gas safety report
ensure smoke alarms and carbon monoxide alarms are installed and functional
store the contract holder’s deposit in accordance with an authorised deposit scheme or to provide them with prescribed information about the scheme
avoid charging prohibited fees
be correctly registered with Rent Smart Wales
be correctly registered as a House in Multiple Occupation (HMO), if required
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)
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.
The notice period that landlords must provide in a Section 173 Notice depends on the type of occupation contract in question.
For a converted periodic standard occupation contract (ie a contract created automatically on 1 December 2022 when an existing periodic tenancy became a periodic occupation contract), at least 2 months’ notice must be given
For an occupation contract within Schedule 8A of the Act, at least 2 months’ notice must be given. Schedule 8A 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. It also includes:
prohibited conduct standard contracts
accommodation for higher education students, asylum seekers, or homeless persons
supported accommodation
service occupancy (ie accommodation someone must live in as a requirement of their job)
certain types of temporary accommodation
For a periodic standard occupation that is neither of the above, at least 6 months’ notice must be given. This 6 month notice period will apply to most landlords’ situations.
If you’re unsure whether your occupation contract fits into one of the first two categories above, 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.
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 courts should grant the order for possession unless:
the Section 173 Notice was not valid (for one or more of the reasons specified above), or
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.
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.
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:
not paid the rent and is in serious rent arrears, use a Serious rent arrears eviction notice for Wales
breached a term of their occupation contract, use a notice before a possession claim for Wales
For more information, read Repossessing property in Wales.
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.
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
What are the landlord’s details (ie legal structure, name and address)?
What is the contract holder’s name?
Eviction
What is the address of the dwelling
What type of occupation contract does the contract holder have?
On what date will this Notice expire?
The Notice
What is the date of the Notice?
Who will sign the Notice, the landlord or their agent? If relevant, what are the signatory’s details?
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.
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:
giving your contract holder enough notice, in compliance with the Act. Make sure to consider any postage time when calculating your notice period
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)
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:
you’re unsure what kind of occupation contract you have
you’re unsure if one of the exceptions or situations outlined above applies to you
you are a community landlord
you want to evict a tenant from a property located outside of Wales
this Notice doesn’t meet your specific needs
