If you get a ‘with grounds’ eviction notice

If you get a ‘with grounds’ notice on or after 1 December 2022, it's the first step your landlord has to take to make you leave your home. You won't have to leave your home straight away.

Your landlord has to give you a valid reason for giving you a with grounds notice. These reasons are known as 'grounds for possession'.

If your with grounds notice is valid, your landlord will need to go to court to evict you.

You might be able to challenge your eviction and stay longer in your home. The court will have to accept your landlord's grounds for possession before they decide whether you have to leave.

Check which type of with grounds notice you’ve got

If you rent from a private landlord, you might get either Form RHW20 or Form RHW23.

Which one you get depends on why your landlord is giving you notice.
You can check examples of these forms on the Welsh government website.

If you got a notice before 1 December 2022 it should be a different sort of notice - most likely a ‘section 8’ or ‘section 21’ notice.

You can:

• check our advice for if you’ve got a section 8 notice
• check our advice for if you’ve got a section 21 notice

When you can get a with grounds notice

If your landlord gives you Form RHW20, it’s because you have serious rent arrears - for example, if you pay your rent monthly and you owe at least 2 months' rent.

If your landlord gives you Form RHW23, it’s because they either:

• think you’ve ‘breached’ your occupation contract - this means you’ve done something that goes against what you agreed
• need you to move out on ‘estate management grounds’ - this means they need to move you to a different property

You might get a with grounds notice at any time during your occupation contract. It depends on the reason your landlord is using to try to make you leave.

Your with grounds notice will only be valid if you've got one of the following kinds of standard occupation contract:

• periodic standard contract
• converted periodic standard contract
• fixed term standard contract
• converted fixed term standard contract
• supported standard contract

Occupation contracts replaced tenancies on 1 December 2022. If your tenancy started before 1 December 2022, it’s now a 'converted' contract.

If you’re not sure what kind of occupation contract you have, check your written statement. Written statements replaced tenancy agreements on 1 December 2022.

You can talk to an adviser if you haven’t got a written statement or you're still not sure.

If you get 2 notices

Your landlord can give you 2 with grounds notices at the same time - for example, Form RHW20 for serious rent arrears and Form RHW23 for breaching your contract.

Your landlord could give you a different type of notice called a ‘no fault’ notice, as well as a with grounds notice. They don’t need a reason to give you a no fault notice.

If you used to have an assured tenancy

If your assured tenancy was converted to a contract, there are some other reasons your landlord can give you notice using Form RHW23.

Examples of other reasons include:

• they want the property back so they can live in it themselves

• the property is being repossessed by your landlord’s mortgage lender

If you’re not sure whether you had an assured tenancy, check your old tenancy agreement. You can also talk to an adviser.

How much notice you'll get

The amount of notice you get depends on which form your landlord has used - and the reason they’ve given for using it.

If you get Form RHW20, your landlord should give you 14 days’ notice.

If you get Form RHW23, your landlord should usually give you 1 month’s notice.

Check your with grounds notice is valid

You should check your with grounds notice is valid. If it isn't, you might be able to challenge it and stay in your home.

If your landlord hasn’t given your with grounds notice correctly

Your notice won't be valid if your landlord hasn’t given it to you in writing, using a proper form.

Your landlord should have given you your notice using Form RHW20 or Form RHW23.

You can find the forms on the Welsh government website.

Your notice is only valid if it includes all of the following:

• your name
• your landlord’s name
• the address of the property
• the 'grounds for possession' - these are the reasons your landlord wants you to leave your home
• the date your notice ends - your landlord will need to get a possession order from the court if you don't leave by that date

If your landlord hasn't given you the notice correctly, they could still ask the court to order you to leave your home. You'll have a chance to put your case forward and the court will make a decision.

If you got your notice more than 6 months ago

Your notice isn’t valid if you got it more than 6 months ago and your landlord hasn’t taken any further action since then.

Your landlord could still ask the court to order you to leave your home. You'll have a chance to put your case forward and the court will make a decision.

If your landlord hasn’t registered or got a licence with Rent Smart Wales

Your with grounds notice might not be valid if:

• your landlord hasn't registered their details
• your landlord or letting agent hasn't got a licence for your home

You can search the public register on the Rent Smart Wales website to find out if your landlord has registered and got a licence.

If your home is managed by a letting agent, you’ll need to check if they’ve got a licence. All you’ll need is your address or your landlord or letting agent’s details.

You should challenge your eviction if your landlord hasn’t registered or the letting agent managing the property doesn’t have a licence.

If you've breached your occupation contract

Your occupation contract includes ‘terms’ - these are the things you agreed to when you signed it.

If you do something that goes against what you agreed, you’ve ‘breached’ your occupation contract - this means you've broken your agreement.

Your landlord should give details of how you’ve breached your contract on the form.

Your landlord must prove in court that you’ve breached your contract. The court will decide whether it’s reasonable to make you move out.

If you have rent arrears

It's a good idea to show the court you've tried to lower your rent arrears. Make sure you keep a record of what you've paid.

You should pay as much as you can afford to reduce your rent arrears. It could mean the court will decide you can stay in your home. Find out more about dealing with rent arrears.

Your landlord will have to prove the amount of arrears you have to the court. They'll also need to show you had the arrears when you got the with grounds notice.

Check which type of notice you’ve got for rent arrears

Your landlord can give you either Form RHW20 or RHW23 - or they could give you both if you have serious rent arrears.

If you’ve got Form RHW20 for serious rent arrears

Your landlord can only give you Form RHW20 for ‘serious’ rent arrears. Rent arrears only count as serious if they’re at least:

• 2 months - if you pay your rent monthly
• 8 weeks - if you pay your rent weekly, every 2 weeks or every 4 weeks
• 3 months - if you pay your rent quarterly or yearly

Your landlord will have to prove both of the following in court:

• you had serious rent arrears when you got your notice
• you still have serious rent arrears when you go to court

You'll usually have to leave your home if your landlord proves you had serious rent arrears and you still have them.

If you can reduce your rent arrears so they no longer count as ‘serious’ when you go to court, your landlord won't be able to prove you have serious rent arrears. The court will decide if it's reasonable for you to leave your home.

Example

Joe pays his rent weekly and is 9 weeks behind with his rent. His landlord has given him Form RHW20, which is a with grounds notice for serious rent arrears.

Having serious rent arrears is a 'mandatory' ground for possession. If Joe's landlord can prove he is at least 8 weeks behind with his rent when he got the notice and when he went to court, the court will have to order that he can be evicted.

If Joe is able to pay back 2 weeks' rent arrears before the date of the court hearing, he'll only have 7 weeks of rent arrears.

This means that Joe's landlord can't prove he has serious rent arrears in court. His landlord can still prove that Joe has rent arrears but the court can decide whether he can stay in his home.

If you’ve got Form RHW23 for breach of contract because of your rent arrears

Your landlord can give you Form RHW23 for rent arrears, because not paying your rent is breaching the terms of your contract.

You’ll only have to leave your home if the court accepts your landlord's case and they think it’s reasonable to evict you.

The court is more likely to decide you can stay in your home if you can show:

• you're dealing with your rent arrears
• you can afford to keep paying your rent

Example

Rae usually pays their rent monthly, but they weren’t able to pay it last month. Their landlord has given them Form RHW23, which is a with grounds notice for breach of contract.

Rae has breached their contract by not paying their rent and getting into arrears. Breach of contract is a 'discretionary' ground for possession - this means the court will decide whether Rae can stay in their home.

When the court makes a decision, they’ll look at things like:

• what Rae’s done to try and pay off their arrears
• how much Rae can afford to pay towards any arrears they still have
• if Rae can afford to keep paying their rent if they’re still paying off their arrears

Check if your landlord owes you money

If your landlord owes you money, you can ask the court to put it towards your arrears.

Your landlord might owe you money if they:

• haven't protected your deposit properly
• haven't done repairs they're responsible for
• have discriminated against you - check if your housing problem is discrimination

If you have a periodic or fixed term standard contract

Your landlord might owe you money if they haven’t given you either of the following within 2 weeks of your contract starting:

• a written statement
• their name and an address where you can write to them

Your landlord has to use Form RHW2 to give you their name and address when you start a new contract.

They also have to let you know if they change their address, using either Form RHW3 or Form RHW4. They have to do this within 2 weeks of their address changing.

If your landlord hasn't done all these things, you can claim compensation. You could get back up to 2 months’ rent.

If you can prove that your landlord broke the law intentionally, you might be able to claim more money.

You can find out more about claiming compensation.

If you have a converted contract

In most situations your landlord had until 1 June 2023 to give you a written statement and an official notice of their name and address.

There’s a slightly later deadline if there was a change of contract holder between 1 December 2022 and 31 May 2023. In this situation, your landlord had until 14 June 2023 to give you a written statement.

Examples of a change of contract holder include if:

• you had a joint contract that changed to a sole contract because someone else moved out

• you had a sole contract that changed to a joint contract because someone else moved in

• you’ve taken over the contract of someone who’s died

• your contract ended and became another type of contract - for example your fixed term ended and became a periodic contract

If they haven’t done this, you’ll be able to claim compensation.

If your landlord is evicting you on estate management grounds

Your landlord can usually evict you on estate management grounds. You should check your written statement - they can only make you move out if the statement says they can.

Your landlord will give you Form RHW23 if they want you to move out on estate management grounds.

The form should explain exactly why they need you to move out - it’s not because of anything you’ve done.

Your landlord must prove in court that they have both:

• a good reason for making you move out - for example, because they need to carry out repairs and they can’t do them while you’re living there
• another home available for you - they can’t make you move out without offering you somewhere else to live

The court will decide whether it’s reasonable to make you move out - and if the home you’re offered is suitable. If the rent in the home you’re offered is higher than what you pay now, the court might decide it’s not suitable.

If you move into another home that’s offered by your landlord, you’ll have to sign a new contract.

Challenge your eviction

You might be able to challenge your eviction if your with grounds notice isn't valid or you have a good reason why you shouldn't leave your home. This is called 'defending possession'.

It's a good idea to talk to your landlord if you feel able to. They might decide to let you stay in your home if you can show you can repay your arrears, for example.

If you don't leave your home

If you don't leave by the date on your with grounds notice, your landlord will have to go to court to make you leave. This is called starting a possession claim. Your landlord can't go to court until after the date given on your with grounds notice.

Your landlord has to start a possession claim within 6 months of the date on your with grounds notice.

If you get court papers

You'll get court papers when your landlord starts a possession claim.

The papers will include a copy of the form your landlord filled in when they started the claim – this is called the ‘claim form’. The claim form tells you why your landlord is trying to make you leave your home.

The papers will also include a form to challenge the eviction – this is called a 'defence form'.

You might be able to challenge your eviction and stay in your home. You should act straight away if you get court papers.

Write down why you’re challenging the eviction

You can challenge your eviction if for example:

• the details on your with grounds notice are wrong
• your landlord hasn't given you a proper reason

If you can, talk to an adviser before you challenge your eviction.

If your landlord gave you the notice before 1 December 2022, you’ll get defence form ‘N11R’ with the court papers. You can find a copy of the defence form N11R on GOV.UK.

If your landlord gave you the notice on or after 1 December 2022, you’ll get defence form ‘N11R Wales’. You can find a copy of the defence form N11R Wales on GOV.UK.

If you find it difficult to use the defence form, write what you want to say on a piece of paper instead. Write your case number on the piece of paper – you can find your case number on the claim form.

It's best to give as much detail as possible - the court will look at what you say to decide whether you can stay in your home.

If you get a possession order, you'll usually have to pay any court costs within 14 days. Ask the court if you want to pay the court costs over a longer time - for example by making a smaller payment every month.

If you think your landlord has discriminated against you

If your landlord has treated you unfairly because of who you are, you might be able to stop your eviction. For example, they might have harassed you because of your gender or refused to make changes for your disability.

The court might stop the eviction or award you compensation to lower any rent arrears you owe.

Check if your problem counts as discrimination to find out whether you can add it to your eviction defence.

If the reason you're being evicted is connected to your disability

You might be able to challenge the eviction. For example if you’re being evicted for rent arrears, but the reason you got into rent arrears was because your learning difficulty made it hard to follow your landlord’s payment policy.

You might be able to defend your eviction using discrimination law - check if your housing problem is discrimination.

If you're being evicted because you complained about discrimination before

This could be a type of discrimination called victimisation. You might be able to defend your eviction using discrimination law.

If water charges were included in your rent

If your landlord has charged you too much for water, you might be able to stop them evicting you.

Check if your landlord overcharged you for water and what you can do.

Explain how you're making the situation better

You might be able to defend your with grounds notice if you explain to the court what you're doing to put things right. For example, if you've paid some of your rent arrears or if you've repaired any damage you caused. You should also explain why it won't happen again.

Make sure you write on your defence form why you think you should be allowed to stay in your home.

Delaying the date you'll need to leave

You should use the defence form to explain to the court why you think you should have more time in your home. You'll need to explain your situation in as much detail as you can.

The court could delay the date you'll need to leave your home. The amount of extra time the court can give you depends on the reason, or ground, your landlord is using.

Depending on the reason your landlord has given on your with grounds notice, the court could either:

• let you stay in your home if you follow their orders, for example if you agree to pay off your arrears - this might happen if you’ve been given a RHW23 notice for breaching your contract because you have rent arrears
• delay the date you'll need to leave by up to 6 weeks if leaving in the usual 14 days would cause you problems - this might happen if you’ve been given a RHW20 notice for serious rent arrears

You'll need to have a good reason to delay the date you leave, for example if you've got a serious illness or disability.

The court will decide whether you can stay in your home and how long for.

Send the defence to the court

You should send the defence form or what you've written back to the court within 14 days - the address will be on the form. If you miss the deadline, you should still send it as soon as possible.

Make sure you keep a copy - you'll need to remember what you've written later on.

Check what happens after you send your defence form

The court will tell you when it will look at your case - this is called the ‘possession hearing’.

You can usually talk to a free legal adviser on the day of your possession hearing – they’re called the ‘duty adviser’. Before the hearing, read the letters from the court and make sure you know how to contact the duty adviser on the day.

Prepare for your possession hearing

The court will tell you when your hearing is and where you need to go for it.

You should go to the possession hearing – it's your chance to put forward your case in court and give reasons why you should stay in your home.

If you can’t go to the possession hearing, tell the court as soon as possible. Explain why you can’t go – for example because you have to self-isolate. The court might:

• arrange for the hearing to happen by phone or video call

• change the date of the hearing

You can check how to prepare if the court decides to arrange a hearing by phone or video call.

Read all the documents you've got from the court and your landlord. Take any evidence with you to court, for example:

• a copy of your contract

• a letter from your GP if you couldn't pay your rent because you were ill and unable to work

• a bank statement or wage slip to show how much you can afford to repay if you're in rent arrears

Getting legal help

You can get a lawyer to represent you in court. If you’ve got no income or a low income, you might be able to get legal aid to help with the cost. Check if you can get help with legal costs on GOV.UK.

On the day of the hearing, you’ll also be able to contact the duty adviser – it doesn’t matter how much income you have. Before the date of the possession hearing, read the letters from the court and make sure you know how to contact the duty adviser.

If you can’t contact the duty adviser on the day of the hearing, tell the usher or the judge before the hearing starts – the judge might agree to delay the hearing.

Talk to an adviser to find out what legal advice you can get.

Go to your possession hearing

You should make sure you go to the possession hearing even if you've not sent your defence. It's your opportunity to explain your situation to the court.

You could give any extra evidence you have, for example if you've got a new job and could afford to pay back some arrears.

If you've sent your defence form and you don't go to the hearing, the court could ignore it and just rely on the evidence your landlord has given them.

You can take someone with you for support, for example a friend or family member. They might not be able to speak for you in court.

Getting a decision from the court

You'll be told by the court if you can stay in your home or if you'll have to leave.

They'll usually tell you their decision on the day of the hearing.

If the court needs more information, they might decide to hear the case on another day.

If you don't go to the hearing, you could find out the court's decision by phoning them or speaking to your landlord. The court will also send a letter telling you whether you have to leave your home.

Even if you have to leave your home, the court might give you more time to find somewhere else to live.

If you have to leave

You normally won't have to leave your home straight away - you'll get a notice from the court telling you when you're supposed to leave. This is called an 'outright possession order'.

You'll usually be given 14 days to leave, but it could be longer.

You can appeal against the decision of the possession order, but only if you can prove that mistakes were made in the possession hearing. For example if the court didn't look at relevant information or used the wrong law.

You might be able to stop a possession order if your situation changes, for example if you start getting benefits and can repay your rent arrears. This is known as 'suspending' a possession order. 

You won’t be able to stop a possession order if you’ve been given both:

• a RHW20 notice because of serious rent arrears

• a mandatory possession order from the court

Talk to an adviser if you get a possession order.

If you couldn't go to the court hearing

If you couldn't go to the court hearing you might be able to get the court to look at your case again.

Talk to an adviser for help if you couldn't go to the court hearing.

If you can stay in your home

If the court accepts your defence, they could decide to:

• let you stay in your home if you meet certain conditions, for example if you pay your arrears - this is known as 'suspending' a possession order
• dismiss your landlord's case - this means you'll stay in your home and you won't need to meet any conditions

You'll only be able to suspend a possession order if your landlord has used Form RHW23 for breach of contract or estate management grounds. This is because they are discretionary grounds.

You might have to pay court costs - the judge will tell you how much.

You can also apply to change an order later, for example if you can't keep to the terms of the order any more.

If you don't leave your home

Your landlord will have to get an eviction warrant from the court if you don't leave your home by the date on the possession order. This means they can ask the court to send 'enforcement officers' to make you leave.

Enforcement officers are also known as bailiffs. Bailiffs are employed by the court to help landlords get their property back.

Bailiffs have to give you a notice of eviction with the date and time of your eviction. They have to give you the notice at least 14 days before they evict you.

Depending on the ground your landlord has used, you might be able to ask the court again to delay the date you'll need to leave. For example, if you can now repay your arrears in a reasonable time.

If your landlord forces you to leave without an eviction warrant

This is likely to be an illegal eviction if your landlord makes you leave by:

• changing the locks
• stopping you using part of your home
• threatening or physically harassing you to leave
• turning off the water or energy supply

If this happens you should contact the police.