MAKE YOUR FREE Section 173 notice for Wales

For use in Wales only.

Use a section 173 notice to end a periodic standard occupation contract in Wales when there’s no fault involved on the contract holder’s part. 

Last updated 16 November 2022.

A section 173 notice (ie a ‘no fault eviction notice’) is the formal communication that landlords can send to contract holders to inform them that they intend to end their occupation contract and repossess the dwelling (ie property) that they’ve rented to them.

‘Section 173’ refers to the section of the Renting Homes (Wales) Act 2016 (‘the Act’) that requires landlords to serve notice when undertaking no fault evictions. 

Contract holders do not have to have done anything wrong for landlords to use a section 173 notice, and landlords don’t need to give a reason for the eviction.

Use this section 173 notice: 

• if you want to end a periodic standard occupation contract

  • you can use this notice for a converted periodic standard occupation contract 

  • section 173 notices cannot be used for fixed-term occupation contracts 

• when the contract holder is not at fault

• after the first 6 months of the contract holder’s occupation of the dwelling (or after the first 4 months if they have a converted occupation contract) 

• when none of the situations that can invalidate a section 173 notice are relevant (see the FAQ ‘When is a section 173 notice valid?’ below)

• for property rented to private residential contract holders in Wales

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 landlord’s eviction 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 contract 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 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. If it is: 

• a converted periodic standard occupation contract (ie it was created automatically on 1 December 2022 when an existing periodic tenancy became a periodic occupation contract), at least 2 months’ notice must be given

• 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

• 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 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)

• 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 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 document 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.

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 outside of England and Wales

• this eviction notices doesn’t meet your specific needs