Warning Notice Before Possession Claim for Breach of Contract RHW23

This Warning Notice Before Possession Claim for Breach of Contract RHW23 is prescribed by the Welsh Government.  The form should be used by Landlords where a contract-holder is believed to have breached the terms of the occupation contract, for example where the tenant has not paid their rent on time or for *anti-social behaviour or estate management grounds, for example, if a landlord intends carrying out building works to the dwelling and needs possession of the property to carry out those works. The above grounds are discretionary, and the court will decide whether it is reasonable to grant an order for possession.

The Warning Notice Before Making a Possession Claim RHW23 can also be used where a contract-holder fails to give up possession having given at least four weeks’ notice to the landlord of an intention end a periodic occupation contract on a specified date or to exercise a contract-holder break clause contained within an occupation contract.  This is a mandatory ground for possession.  The Notice RHW23 to recover possession in these circumstances must be issued within 2 months of the end date specified in the contract-holder’s notice. 

The landlord can commence court proceedings following service of the Notice RHW23 as follows:

• Anti-social and prohibited conduct grounds – on the day the Notice RHW23 is served; 
• Other breaches of contract and estate management grounds - one month from the date the Notice RHW23 is served; and
• Where the contract-holder fails to leave on the specified date in their notice – on the day the Notice RHW23 is issued.

The cut-off for commencing court proceedings for each of the grounds above is 6 months from the day the Notice RHW23 is served on the contract-holder.

More information about the grounds for Form RHW23 see  Guidance on Terminating Standard Occupation Contracts.

The prescribed forms should be used to ensure compliance with the provisions of the Renting Homes (Wales) Act 2016 .

*For joint contract-holders Notices RHW29 and RHW30 should be used for anti-social behaviour and prohibited conduct grounds.  This form and others referred to are available from the Welsh Government’s website.

Crown copyright in this prescribed form is acknowledged and contains public sector information licensed under the Open Government Licence v3.0.

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