Wales Break Clause and Abandonment Notice: RHW24 and RHW27 Explained

Most Welsh landlords will use the section 173 no-fault notice (Form RHW16) or a fault-based notice (Form RHW20 or RHW23) to end an occupation contract. But two less common routes exist for specific situations: break clause notices for long fixed-term contracts and the abandonment procedure for properties that appear to have been vacated.

Break Clause Notices (Form RHW24)

Under section 194 of the Renting Homes (Wales) Act 2016, a landlord can include a break clause in a fixed-term standard occupation contract — but only if the fixed term is for a minimum of two years.

To exercise the break clause, the landlord serves Form RHW24 with at least six months' notice. There's an additional restriction: the break clause cannot be exercised during the first 18 months of occupation.

So for a two-year fixed term:

• Months 1–18: break clause cannot be used
• Month 18 onward: landlord can serve RHW24 with six months' notice
• Earliest the break clause takes effect: month 24 (18 months + 6 months' notice)

For longer fixed terms (three, five, or ten years), the break clause becomes more practically useful — the landlord can serve at month 18 and end the contract at month 24, without waiting for the full term to expire.

The court claim window after a break clause notice expires is two months, the same as for section 173 notices. The Schedule 9A preconditions (written statement, deposit, RSW, safety certificates) must be satisfied before serving.

There's a shorter-notice variant: Form RHW25 provides two months' notice for break clauses in converted contracts or Schedule 8A contracts (student accommodation, service occupancies).

The Abandonment Procedure (Forms RHW27 and RHW28)

When a contract-holder appears to have abandoned the property — they've stopped paying rent, the property seems empty, post is piling up, and they're not responding to contact attempts — sections 220–221 of RHWA 2016 provide a route to recover possession without a court order.

Step 1: Serve Form RHW27 (Warning Notice)

Form RHW27 is a four-week warning notice. It tells the contract-holder that you believe they've abandoned the property and that you intend to terminate the contract if they don't respond within four weeks.

Serve it at the property (through the letterbox or attached to the door) and, if you have it, send a copy to any alternative address you hold for the contract-holder.

Step 2: Make Reasonable Enquiries

During the four-week period, make reasonable enquiries to confirm abandonment. Contact neighbours, check with the local authority, look for signs of recent occupation. Document everything — if the contract-holder later disputes the abandonment, you'll need to show you made genuine efforts to establish the position.

Step 3: Serve Form RHW28 (Termination Notice)

If the four weeks pass with no response and your enquiries support the conclusion of abandonment, serve Form RHW28. This terminates the occupation contract immediately, without a court order.

The Risk

The abandonment procedure is powerful because it avoids the court entirely. But it carries risk: if the contract-holder hasn't actually abandoned the property — they were in hospital, travelling, or simply not collecting post — terminating the contract under the abandonment procedure could expose you to claims for unlawful eviction. Use it only when the evidence of abandonment is strong.

Belongings Left Behind

If the contract-holder has left belongings at the property, Schedule 13 of RHWA 2016 and the Torts (Interference with Goods) Act 1977 require you to store them safely, serve notice on the contract-holder, and allow a reasonable period (typically 28 days) before disposal. Don't skip this — disposing of someone's property without following the statutory procedure creates liability.

When These Routes Apply

Break clause (RHW24): Only relevant if you have a fixed-term contract of two years or more with a break clause written into the terms. Most private residential contracts in Wales are periodic, not fixed-term, so this route is uncommon.

Abandonment (RHW27/28): Only appropriate when there is clear evidence of genuine abandonment. It's not a shortcut for a contract-holder who is simply difficult to reach or behind on rent but still living at the property.

For the full form selection guide covering all notice routes, see our Ending an Occupation Contract in Wales guide.

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