Section 173 Notice Wales: The Landlord's Complete Guide

What Is a Section 173 Notice?

A Section 173 notice is the Wales equivalent of England's Section 21 notice. It's a "no-fault" eviction notice that allows landlords to regain possession of their property without proving any breach of contract or misconduct by the contract holder (tenant). This is a significant legal instrument, and serving it incorrectly can invalidate the entire notice, potentially costing you months in the eviction process.

The notice is governed by Part 5 of the Renting Homes (Wales) Act 2016 and replaced the previous Section 21 mechanism when the Act came into force in December 2022.

When Can You Serve a Section 173 Notice?

There are strict rules about timing that you must follow exactly:

• Minimum 6 months occupation: You cannot serve a Section 173 notice until at least 6 months have passed since the contract holder moved in. This applies regardless of the occupation contract length or type.
• 6 months' notice period: Once the notice is validly served, you must give the contract holder at least 6 months to vacate. This is considerably longer than the notice periods available in England.
• No period restrictions: Unlike some jurisdictions, there are no "blackout periods" preventing you from serving notice at certain times of year in Wales.
• Fixed-term vs periodic: The rules apply the same way whether the occupation contract is fixed-term or periodic. Many landlords mistakenly believe fixed-term contracts have different rules – they don't.

The 6-month notice period runs from the date the notice is properly served on the contract holder. You cannot count time before the notice was served, even if you've had earlier discussions with them.

Step-by-Step Process for Serving a Section 173 Notice

Step 1: Check Your Eligibility

Before doing anything else, confirm that:

• At least 6 months have passed since the occupation contract began
• The occupation contract is a standard occupation contract (not an excluded contract)
• You have valid contact details for the contract holder
• The property is in Wales
• You have complied with all deposit protection and prescribed information requirements

Step 2: Prepare the Notice Document

The notice must include:

• Your full name and address (the landlord)
• The contract holder's full name
• The property address
• The date the notice is being served
• A clear statement that this is a Section 173 notice
• The occupation contract start date
• The date the occupation contract will end (at least 6 months from service)
• A statement explaining that this is a no-fault notice and the contract holder has the right to challenge it
• Information about the contract holder's right to legal advice

Using the Welsh Government's prescribed form or a template from a qualified letting agent or solicitor significantly reduces the risk of procedural errors.

Step 3: Serve the Notice Correctly

This is where many landlords make costly mistakes. You must serve the notice using one of these approved methods:

• Personal delivery: Hand it directly to the tenant and obtain evidence they received it (ideally a signed receipt)
• Registered post: Send via Royal Mail's Special Delivery with proof of receipt
• Email: Only if the contract holder has agreed to accept notices by email and you have written confirmation of this agreement
• Leaving at the property: Leave it in a prominent place at the property if you cannot serve personally, but this is riskier and requires additional follow-up confirmation

Keep comprehensive evidence of service. Courts are strict about this – if you cannot prove the contract holder received the notice, the service may be invalid even if the notice itself is correct.

Step 4: Wait the Full Notice Period

The contract holder has the right to occupy the property for the full 6-month notice period. You cannot change the locks, remove their possessions, or take any possession action before the notice period expires.

Step 5: Proceed to Court if Necessary

If the tenant hasn't vacated by the date specified in the notice, you'll need to apply to the court for a possession order. This involves court fees and legal costs, which is why it's essential to get the initial notice right.

Common Mistakes That Invalidate Section 173 Notices

These are the errors we see most frequently that undermine otherwise reasonable evictions:

Serving Before 6 Months Have Passed

If the occupation contract began on March 1st, you cannot serve a valid notice until September 1st at the earliest. Courts will dismiss possession proceedings if this requirement hasn't been met. Many landlords miscount the months or serve based on when they first contacted the contract holder rather than when the occupancy began.

Incorrect Service Method

Leaving the notice on a shelf in the property with no follow-up, texting it to the contract holder, or posting it on social media will not constitute valid service. Similarly, handing it to a family member who isn't the contract holder, or posting it through the letterbox without evidence of receipt, creates substantial legal risk.

Inadequate Notice Content

Missing required information – even seemingly minor details like the occupation contract start date – can be fatal to your case. The prescribed information must be clearly stated and impossible to misinterpret.

Not Allowing the Full 6-Month Period

If you specify an end date that's less than 6 months away, the notice is defective. For example, a notice served on January 15th with a specified end date of June 15th (5 months and 31 days) would be invalid.

Serving an Ineligible Contract

Section 173 notices cannot be used for excluded occupation contracts (such as holiday lets, occupation contracts with family members, or student lettings). Using the wrong legal mechanism invalidates the entire process.

Failing to Comply with Other Legal Requirements

If you haven't protected the contract holder's deposit under the scheme rules, provided the prescribed information, or complied with the Rent Smart Wales registration requirements, you may be unable to obtain a possession order even if the notice is technically correct.

Section 173 Notices and Challenging Grounds

Unlike fault-based evictions, contract holders cannot easily challenge a Section 173 notice on the grounds of breach. However, they can challenge it if:

• The notice was not properly served
• The 6-month occupation period had not elapsed
• Procedural requirements were not followed
• The notice content is deficient
• The 6-month notice period was not given
• The occupation contract is excluded from the Act

Contract holders also have the right to apply to the court for relief, allowing them to challenge the notice or ask for more time to find alternative accommodation. Courts have discretion to allow this in certain circumstances.

Timeline Summary: From Service to Possession

Here's what to expect:

• Day 1: Serve the notice (after confirming 6 months have passed)
• Days 1-184: Contract holder has the right to occupy; notice period runs
• Day 184: Notice period expires; contract holder must have vacated
• Day 185+: If tenant hasn't left, apply to court for possession order
• Court proceedings: Typically 4-12 weeks depending on court workload
• Possession order granted: Sheriff/bailiff executes the order

This timeline means the entire process – from service to actual repossession – typically takes 8-11 months. Plan accordingly and don't expect rapid resolution.

Frequently Asked Questions About Section 173 Notices

Compliance Requirements Beyond Section 173

Serving a valid Section 173 notice is just one part of legal eviction. You must also ensure:

• Rent Smart Wales registration: Your occupation contract must be registered with Rent Smart Wales. If you're not registered, you may face fines and difficulties obtaining a possession order.
• Deposit protection: Any deposit must be protected under an approved scheme, and prescribed information provided within 30 days.
• Gas and electrical safety certificates: These must be valid and current. Missing certificates can be a defence for the tenant.
• Energy Performance Certificate: Must be provided and valid.
• Prescribed information: All required information about the occupation contract must be provided in writing.

Many evictions fail not because the notice is wrong, but because the landlord hasn't complied with these foundational requirements. A court won't grant possession if fundamental legal protections for the contract holder have been breached.

Next Steps: Getting Professional Help

Section 173 notices are technical legal documents. Small errors can cost you months and thousands of pounds. If you're planning to serve a notice, it's worth getting expert guidance to ensure you do it correctly the first time.

Our team has helped hundreds of Welsh landlords navigate the Section 173 process, from preparing compliant notices to representing them in court. We ensure every step is correct and every deadline is met.

Learn more about our complete landlord compliance service, or review our detailed eviction process guide for Wales.

For landlords managing multiple properties, our full property management service handles all compliance matters, including Section 173 notices, notices, rent collection, and maintenance coordination.