Breach of Contract Notice Wales: RHW23 for Breach and Anti-Social Behaviour

When a contract-holder in Wales is breaching the occupation contract or causing anti-social behaviour, the landlord's notice route is Form RHW23. This is the fault-based notice under sections 157 and 181 of the Renting Homes (Wales) Act 2016 — and it works differently from the no-fault section 173 route in several important ways.

What RHW23 Covers

Form RHW23 is a multi-purpose form that covers three distinct grounds:

General breach of contract — the contract-holder is violating a term of the occupation contract. This could include damage to the property, keeping pets in breach of a no-pet clause, subletting without permission, or persistent failure to maintain the property to the required standard.

Anti-social behaviour / prohibited conduct — the contract-holder (or someone living with them, or their visitors) is engaging in behaviour that causes nuisance, annoyance, or harassment to neighbours, or using the property for illegal purposes.

Estate management grounds (Schedule 8) — the landlord needs the property for redevelopment, substantial renovation, or other estate management purposes. This is unusual for small private landlords but included for completeness.

Notice Periods

The notice period depends on the specific ground:

• Breach of contract: One calendar month
• Estate management: One calendar month
• Anti-social behaviour / prohibited conduct: No notice period required — the landlord can file a court claim immediately

For the one-month notice grounds, the clear days rule applies: serve on 10 October, the one-month period runs from 11 October, and the earliest court claim date is 11 November.

The court claim window for all RHW23 grounds is six months from the date of service.

Discretionary, Not Mandatory

Here's the critical difference from the serious rent arrears route (Form RHW20, which is mandatory): general breach and anti-social behaviour grounds under RHW23 are discretionary. Schedule 8 estate management grounds may be mandatory or discretionary, depending on the ground. The court decides whether to grant possession under a discretionary ground, considering all the circumstances.

For general breach, this means the court will consider the severity of the breach, whether the contract-holder has remedied it, and whether a possession order is proportionate. A minor or remedied breach is unlikely to result in possession.

For anti-social behaviour, the court will look at the evidence: witness statements, police incident logs, council noise reports, environmental health records. The stronger the documented evidence, the more likely the court is to grant the order.

Evidence Requirements

Because the grounds are discretionary, evidence matters far more than it does for no-fault claims:

• Breach of contract: Written proof of the breach, any warning letters you've sent, photographs of damage, records of communication with the contract-holder
• Anti-social behaviour: Police incident numbers, noise complaint records from the local authority, statements from affected neighbours with dates and descriptions
• Estate management: Planning permission for redevelopment, proof that suitable alternative accommodation is available, evidence that the works cannot be carried out with the contract-holder in residence

Schedule 9A Preconditions Do Not Apply

Unlike no-fault section 173 notices, the Schedule 9A preconditions (written statement, deposit protection, safety certificates) do not need to be satisfied before serving Form RHW23. This means a landlord who hasn't met all their compliance obligations can still use the breach route — though they cannot use the no-fault route until compliance is sorted.

The Standard Court Procedure

RHW23 claims use the standard possession procedure (Form N5 Wales and N119 Wales), not the accelerated paper-based route. The court sets a hearing date, both parties attend, and the judge hears evidence. The £415 issue fee applies.

For anti-social behaviour severe enough to warrant immediate filing, the process begins the same day as service — but you still go through the standard court procedure with a hearing.

When to Combine with Section 173

Some landlords serve both an RHW23 (breach) and an RHW16 (no-fault section 173) simultaneously. The breach route is faster (one month vs six months) but discretionary. The no-fault route is slower but mandatory — the court must grant possession if the notice and preconditions are valid. Running both in parallel gives the landlord options.

For the full process including form selection, evidence checklists, and court procedure, see our Ending an Occupation Contract in Wales guide.

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