If you get a ‘no fault’ eviction notice

Your landlord usually has to give you at least 6 months' notice.

They only have to give you 2 months' notice if you live in university-owned housing or halls of residence.

Your notice won’t be valid if you got it within the first 6 months of living there.

If you had an assured shorthold tenancy that started before 1 December 2022 it has been converted to a periodic standard contract.

If your landlord gives you a no fault notice before 1 June 2023, they will usually have to give you at least 2 months' notice.

If your landlord gives you a no fault notice on or after 1 June 2023, they will have to give you 6 months' notice.

Your notice won’t be valid if you got it within the first 4 months of living there.

You’ll have a fixed term contract if it:

• started on or after 1 December 2022

• has a definite start and end date

If you had a fixed term tenancy that started before 1 December 2022, you’ll have a converted fixed term standard contract.

How much notice you get depends on whether you have a break clause in your contract. You shouldn’t have a break clause if your contract is for less than 2 years.

If you’re not sure whether you have a break clause, check your written statement.

If you don’t have a break clause

Your landlord usually has to give you at least 2 months' notice. They can’t give it to you until the end of your fixed term.

Your notice won't be valid if you got it within the first 4 months of living there.

If you have a break clause

Either you or your landlord can end your tenancy early if you have a break clause.

Your landlord usually has to give you at least 6 months' notice. Your notice won't be valid if you got it within the first 18 months of your fixed term.

Your landlord can’t make you move out within the first 2 years of your fixed term.

If you had a fixed term tenancy that started before 1 December 2022 it has automatically turned into a converted fixed term standard contract. This is because the law changed on 1 December 2022.

You’ll have a fixed term contract if it has a definite start and end date.

Your landlord usually has to give you at least 2 months' notice. When you can be given notice depends on whether you have a break clause in your contract.

If you don’t have a break clause

Your landlord can’t ask you to move out before the end of the fixed term.

Your no fault notice won’t be valid if you got it within either:

• the first 4 months of the fixed term in your contract

• 4 months of when your original tenancy started

If you have a break clause

Either you or your landlord can end your tenancy early if you have a break clause.

Your notice won't be valid if you got it within the first 4 months of your fixed term.

You can find the details of your break clause in your written statement.

Your notice won’t be valid if your landlord is trying to evict you because you asked for repairs - this is known as ‘retaliatory eviction’.

You can find out what to do if you're being evicted because you asked for repairs.

Your notice won’t be valid if your landlord hasn’t given you a written statement.

Written statements replaced tenancy agreements when the law changed in December 2022.

If you have a converted contract, in most situations your landlord must have given you a written statement by 1 June 2023.

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

Your notice won’t be valid if you have a contract that started on or after 1 December 2022 and both of the following apply:

• your landlord gave you a written statement more than 14 days after your contract started

• it’s less than 6 months since you got the written statement from your landlord

Your notice won’t be valid if your landlord hasn’t given you:

• their name

• an address where you can send them documents

• their new address if it’s changed

Your landlord should send you this information using Form RHW2, Form RHW3 or Form RHW4.

You might be able to claim compensation from your landlord.

If you have a periodic or fixed term standard contract, your notice won’t be valid if your landlord hasn’t installed a working smoke alarm on each floor of your home.

The smoke alarms must be connected to the electricity supply - not ones that have batteries.

If there’s more than one smoke alarm, they must be linked to each other - this means if an alarm in one room detects smoke, all the other alarms go off at the same time.

If you have a converted contract

Your landlord has until 1 December 2023 to install new smoke alarms in your home. If you get a notice before then, it might be valid if your landlord hasn’t installed them yet.

Your notice won’t be valid if your landlord hasn’t placed a working carbon monoxide alarm in every room where there’s a gas appliance - for example a central heating boiler, cooker or heater.

If you have a periodic or fixed term standard contract, your notice won’t be valid if your landlord hasn’t given you an up to date electrical safety report.

Your landlord has to get any electrical fittings and appliances in your home inspected and tested by a qualified person every 5 years.

The person who does the inspection and testing will give your landlord an electrical safety report. Your landlord has to give you a copy of the report within 14 days.

If you have a converted contract

Your notice might be valid if your landlord hasn’t given you an electrical safety report. This is because they have until 1 December 2023 to do this.

Your notice won’t be valid if your landlord hasn’t given you an up to date gas safety certificate.

Your landlord has to get any gas appliances in your home inspected and tested by a qualified person every 12 months. Gas appliances include central heating boilers, cookers or heaters that run on gas.

The person who does the inspection and testing will give your landlord a gas safety certificate.

Your landlord has to give you a copy of the most recent certificate before you move in. When they get a new certificate, they have to give you a copy within 28 days.

Your notice won’t be valid if your landlord didn’t give you the energy performance certificate for your home before they gave you the notice.

You can check if your home has an energy performance certificate on GOV.UK.

If your landlord didn’t protect your deposit or they protected it late, your no fault notice won’t be valid - unless they’ve already given your deposit back to you.

Your deposit had to be protected within 30 days of when it was paid. Check if you're not sure whether your landlord protected your deposit.

Your landlord might also have to pay you compensation if they didn't protect your deposit. Read more about taking your landlord to court if your deposit isn't protected.

Not all deposits need to be protected. Your deposit doesn't need to be protected if you haven’t been offered an occupation contract - for example, if you're a lodger.

Your no fault notice won’t be valid if your landlord didn’t give you certain details about your deposit before giving you the notice. These details are known as ‘prescribed information’.

Prescribed information includes:

• a receipt for your deposit

• your landlord's contact details

• how to get your deposit back when you leave

You can check a list of the information landlords must give tenants on GOV.UK.

Not all deposits need to be protected. Your deposit doesn't need to be protected for example if you're a lodger.

Check when your landlord should have given you the prescribed information.

You might be able to challenge your eviction if you paid your landlord any fees. 

If you originally agreed your contract on or after 1 December 2022 your landlord can only charge you:

• rent or utility bills

• a damage deposit

• a holding deposit

• Council Tax

• a TV licence

• for breaking the terms of your written statement - as long as the fee is described in the written statement

If you have a converted standard contract, the same applies if you agreed your original tenancy on or after 1 September 2019.

If your landlord charged you for anything else, talk to an adviser - they could help you challenge your eviction.

Your no fault 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.

Your home might also need another type of licence, for example if you live in a shared house, bedsit or hostel. Read more about what to do if you have a problem with your shared house.

Your council might have extra laws about what types of properties should be licensed. You can ask your local council if you’re not sure whether your home needs a licence - find your local council on GOV.UK.

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

Your no fault notice might not be valid if your landlord has made a mistake on it, for example if they’ve put the wrong name or date.

Check your no fault notice to make sure your name and address are correct.

You should also check the name and contact details of your landlord or letting agent are correct.

Your notice won’t be valid if your landlord hasn’t given it to you in writing, using a proper form. This type of form is sometimes called a 'prescribed' form.

You can find the forms on the Wales government website.

Your notice won’t be valid if you have an unfair break clause in your contract.

You might have a break clause if you have a fixed term contract, or a converted fixed term contract. Check your written statement if you’re not sure whether you’ve got one.

If you have got a break clause, it should say that both you and your landlord can use it. It could be unfair if it says only your landlord can use it.

Check the date in part D of your notice, where it says ‘Notice to give up possession’. Your notice is no longer valid if your landlord applied for possession more than 2 months after that date.

If your notice isn't valid, your landlord will have to give you a new one.

Use the defence form that came with the court papers to give your reasons for challenging your no fault notice. You can also find a copy of the defence form on GOV.UK – it’s called form N11B Wales.

If you disagree with something the landlord said in the claim form, you should explain this in your defence form. The court might decide to have a court hearing to decide who is right.

Tell the court if you think you might be able to reach an agreement with your landlord. If your landlord is willing to negotiate, the court might give you more time and help you reach an agreement.

You can use the defence form that came with the court papers to give your reasons for challenging 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 your landlord has treated you unfairly because of who you are, you might be able to defend your eviction. For example, they might be evicting you because you’re gay, or because they don’t want to make changes for your disability.

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

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.

This could be a type of discrimination called victimisation. You might be able to defend your eviction using discrimination law - check if your housing problem is discrimination.

Your landlord can ask the court to make a decision 14 days after the court papers were sent. Your defence will be considered by the court if you get the form to them in time. The court's judge will do one of the following:

• issue a possession order – this means that you’ll have to leave your home

• give you a date to go to court – this is called a possession hearing

• dismiss the case - this means you can stay in your home

The court will usually only arrange a hearing or dismiss a case if there’s a problem with your landlord’s paperwork, or your landlord made a mistake following the procedure.

If you have a possession hearing, you'll get a letter telling you when and where the hearing is.

You’ll be sent a date for a court hearing. The date of the hearing should be within 8 weeks of the court sending you the papers.

You can find the date of the court hearing on the claim form sent to you in your court papers.