Rent Arrears Notice Wales: RHW20 and the Serious Arrears Threshold

When a contract-holder in Wales falls seriously behind on rent, landlords have a faster route to possession than the six-month section 173 notice. Form RHW20 is the serious rent arrears notice — it requires only 14 days' notice. But the conditions are strict, and the arrears must hold up at two separate points in time.

The Statutory Threshold

To serve Form RHW20, the unpaid rent must meet specific thresholds depending on the payment frequency:

• Monthly rent: At least two months' rent unpaid
• Weekly, fortnightly, or four-weekly rent: At least eight weeks' rent unpaid
• Quarterly rent: At least one quarter's rent more than three months in arrears
• Yearly rent: At least 25% of the annual rent more than three months in arrears

The threshold is at least two months' rent. If monthly rent is £800 and the contract-holder owes exactly £1,600, that meets the threshold.

The Two-Date Test

Here's the critical point many landlords miss: the arrears must meet the statutory threshold on two separate dates — the day you serve the notice and the day of the court hearing.

If the contract-holder reduces the arrears below the threshold before the hearing, the court loses its mandatory power to grant possession under this ground. The court must refuse the mandatory ground, even if the contract-holder was deeply in arrears when you served.

This is why some landlords serve both a Form RHW20 (serious arrears) and a Form RHW16 (no-fault section 173) simultaneously. The RHW20 gives a faster 14-day notice period if the arrears stick, while the RHW16 provides a fallback if the contract-holder pays down at the last minute. The section 173 route doesn't depend on fault at all.

The 14-Day Notice Period

Form RHW20 gives the contract-holder 14 calendar days' notice. The clear days rule applies — the service date is Day 0, so a notice served on 10 October has its earliest possession date on 25 October.

The court claim window runs for six months from the date of service (not from the notice expiry date). This is more generous than the two-month window for section 173 claims.

Court Procedure for Rent Arrears

Unlike a no-fault section 173 claim, a serious rent arrears claim cannot use the accelerated (paper-based) possession procedure. You must use the standard procedure:

• File Form N5 Wales and Form N119 Wales at the County Court
• Pay the £415 issue fee
• The court sets a hearing date — both parties attend

At the hearing, you'll need to present a schedule of payments showing the arrears history. The judge will verify that the threshold was met when you served and is still met at the hearing.

If the mandatory ground is established, the court must make a possession order. If the arrears have dropped below the threshold, you'll fall back to the discretionary general breach ground — where the judge has a choice, and is less likely to grant possession if the contract-holder is making efforts to pay.

When RHW20 Makes Sense

Form RHW20 is the right route when arrears are substantial and unlikely to be paid down (the contract-holder has stopped communicating, has vacated but left things behind, or is chronically months behind). The 14-day notice period is significantly faster than six months.

It makes less sense when arrears are borderline or the contract-holder has a pattern of paying just enough to drop below the threshold before hearings. In those situations, the no-fault section 173 route avoids the two-date test entirely.

For the complete rent arrears process and alternative notice routes, see our Ending an Occupation Contract in Wales guide.

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