Guide
Comply with Renting Homes (Wales) Act landlord duties
Wales-specific landlord obligations under the Renting Homes (Wales) Act 2016, which came into force on 1 December 2022. Covers Section 173 notice periods, occupation contracts, and differences from England's Housing Act 1988.
The Renting Homes (Wales) Act 2016 came into force on 1 December 2022, fundamentally changing landlord obligations in Wales. The Act replaced the Housing Act 1988 framework used in England, introducing new terminology, longer notice periods, and stronger tenant protections.
Key changes include:
- Occupation contracts replace assured shorthold tenancies
- Contract-holders replace tenants
- Section 173 notices replace Section 21 no-fault evictions
- 6-month minimum notice periods for ending standard occupation contracts
- 12-month guaranteed occupation (first 6 months + 6 months notice)
Section 173 notice requirements
Section 173 of the Renting Homes (Wales) Act 2016 establishes the procedure for landlords to end a standard occupation contract without alleging breach by the contract-holder (equivalent to England's former Section 21 no-fault eviction process).
What this means for landlords
Planning for longer timescales
Landlords must plan property decisions 12 months in advance (6 months occupation + 6 months notice). This impacts portfolio management, sale decisions, and renovation planning.
No evictions during first 6 months
Section 173 notices cannot be served during the first 6 months of occupation. Contract-holders have guaranteed occupation for at least 12 months total.
Notice must be in writing
All Section 173 notices must be in writing, served correctly on the contract-holder or their representative, and specify a termination date at least 6 months from the notice date.
Alternatives to Section 173
If the contract-holder breaches the contract (non-payment of rent, anti-social behaviour, property damage), landlords can use Section 157 or Section 160 possession grounds, which have shorter notice periods but require proving breach.
Key differences from England
| Aspect | Wales (Renting Homes Act) | England (Housing Act 1988) |
|---|---|---|
| Terminology | Occupation contracts, contract-holders | Tenancies, tenants |
| No-fault eviction | Section 173 notice (6 months) | Section 21 notice (2 months, being phased out) |
| Earliest notice can be served | After 6 months of occupation | Immediately (if fixed term ended) |
| Minimum notice period | 6 months | 2 months (Section 21) |
| Guaranteed occupation | 12 months minimum | No statutory minimum (fixed term only) |
| Effective date | 1 December 2022 | Section 21 abolished 1 May 2026 (Renters' Rights Act 2025) |
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Understand your occupation contract type
Standard occupation contracts are the most common type for private residential lettings. Secure contracts apply to social housing. Ensure you're using the correct contract type for your property and circumstances.
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Plan property decisions 12 months ahead
If you plan to sell, renovate, or move into the property yourself, factor in the 6-month notice period plus the 6-month initial occupation period (12 months total). Start planning early.
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Serve Section 173 notices correctly
Use the prescribed Section 173 notice form, serve it in writing, specify a termination date at least 6 months away, and ensure it's not served during the first 6 months of occupation. Keep proof of service.
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Consider breach-based possession grounds
If the contract-holder breaches the contract (rent arrears, anti-social behaviour), Section 157 or Section 160 grounds may allow possession with shorter notice periods. Seek legal advice for breach-based possession.
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Keep records of all notices and correspondence
Maintain copies of all Section 173 notices, proof of service, and related correspondence. These are essential if possession proceedings reach court.