Tenant Not Paying Rent? A Wales Landlord's Guide to Arrears

Step 1: Contact Your Contract Holder First

A missed payment doesn't always mean your contract holder is avoiding you. It can be a banking error, a bad month or a forgotten payment date. Before you take formal action, call or email them.

Ask what's happened and whether it's short-term. If they're struggling, a payment plan is usually quicker than court and keeps them housed. Write down what you agree: the date, what was said and any promises. If they give you a repayment date, get it in writing.

The Welsh Government's guidance for private landlords asks you to try to resolve rent arrears with your contract holder before you give a notice or make a claim, and suggests mediation as a quicker and cheaper alternative to court (Understanding the possession action process: a guide for private landlords in Wales, gov.wales, accessed 10/10/2026). A friendly, firm first call often sorts it. If it doesn't, move to step 2.

Step 2: Document Everything

From now on, keep full records. You'll need them if it goes to court.

• Payment history: Print or screenshot bank statements showing when rent was paid and when payments were missed.
• Occupation contract: Have a clean copy available. It should clearly state the rent amount, due date, and payment method.
• Communications: Save all emails, texts, and letters. Note dates and times of phone calls.
• Notice records: Keep copies of any formal notices you issue, with proof of delivery.
• Photos: if the property is damaged, take dated photos.

Keep dates, amounts and copies. The court will want to see them.

Step 3: Issue a Formal Arrears Letter

If informal contact doesn't work, send a formal letter. This isn't a legal notice yet. It's a firm warning, and it shows you tried to sort this out. Send it by recorded delivery, or by email with a read receipt.

The letter should include:

• Contract holder's full name and property address
• Amount of rent owed and the dates of missed payments
• A statement of the original rent amount and due date
• A request for payment within a set time (usually 7 to 10 days)
• A clear warning that if payment isn't received, formal legal action will follow
• Your contact details

The letter shows you acted reasonably and gives the court a clear record.

Step 4: The Serious Rent Arrears Possession Notice (Form RHW20)

Once at least two months' rent is unpaid on a monthly contract, the contract holder is "seriously in arrears". That is the possession ground in section 181 of the Renting Homes (Wales) Act 2016 for a periodic standard contract. Before you can make a possession claim on that ground, you must give the contract holder a possession notice that specifies it, under section 182. The prescribed form is Form RHW20.

The Ground and Notice Section Depend on Your Contract Type

The arrears test is the same for both. It counts rent periods, never a cash figure. Only the section numbers change. Form RHW20 covers both: the form itself says it is given "under section 182(1) or 188(1)".

"Seriously in arrears" means: at least 8 weeks' rent unpaid on a weekly, fortnightly or four-weekly contract; at least two months' rent unpaid on a monthly contract (the usual case for private lets); at least one quarter's rent more than three months in arrears on a quarterly contract; or at least 25% of the rent more than three months in arrears on an annual contract. There's no monetary threshold in either section (Renting Homes (Wales) Act 2016, s.181 and s.187, accessed 10/10/2026).

Form RHW20 is not for introductory standard contracts or prohibited conduct standard contracts. Those use Form RHW21, and the landlord must wait one month, not 14 days, before making the claim (s.182(3); Renting homes: forms for landlords, gov.wales, accessed 10/10/2026).

What the Notice Does

Form RHW20 tells the contract holder you plan to apply to the court for possession on the serious rent arrears ground. The form does three things:

• It names the landlord, the contract holder and the dwelling.
• It states which arrears test is met (you tick the one that matches the rent period).
• It starts the clock: no claim before the end of 14 days starting with the day you give it, and no claim after the end of six months starting with that day.

The notice is not a demand with a deadline to pay. The contract holder can still pay at any time, and what matters at court is whether the arrears are still serious on the hearing day.

How to Give the Notice

The notice must be in writing on the prescribed form (s.236). Under section 237, you can give it:

• By delivering it to the contract holder in person
• By leaving it at, or posting it to, the dwelling, the contract holder's last known residence or place of business, or an address they have given you for notices
• By email or another electronic form, only if the contract holder has said they are willing to receive notices electronically, and the other conditions in sections 236 and 237 are met

A notice left at one of those places is treated as given at the time it was left. Always keep proof of service. You'll need it for court.

The Welsh Government's guide says first class post or another next-day service usually works. If you use a tracked service, pick one that doesn't need a signature, and keep the receipt. Take dated photos when you post it or put it through the door. Then fill in a certificate of service (form N215) to send with your court papers (gov.wales guidance, accessed 10/10/2026).

After the Notice

When 14 days have passed (starting with the day you gave the notice), you can make a possession claim. You must make it within six months, or the notice can no longer be relied on. This is a mandatory ground: the court must grant possession if the arrears were serious both on the day the notice was given and on the day of the hearing, subject only to a Convention-rights defence (s.216). The court doesn't weigh the contract holder's character or effort. In practice, if the contract holder pays the arrears back below the threshold before the hearing, the ground fails. That is true even when the notice was valid.

Arrears Below Two Months: The Breach of Contract Ground (Section 157)

Not paying rent is also a breach of the occupation contract, because the rent and the rental periods are terms of every occupation contract (s.26). That gives a second, separate route under section 157, which does not need the arrears to reach the serious threshold. It works differently from the serious arrears ground:

• The notice: you give a possession notice specifying the breach, on Form RHW23 (s.159(1)).
• The wait: for a breach that isn't anti-social behaviour, you can't make the claim until one month has passed from the notice, and you must make it within six months (s.159(3)–(4)).
• The court decides: it is a discretionary ground. The court may only order possession if it considers it reasonable (s.209).
• Paying up doesn't end it: the court can still order possession even if the breach stopped before the claim (s.209(3)).
• Adjournment or postponement: if the court adjourns the claim or postpones the order, it must normally set conditions for paying the arrears and the ongoing rent (s.211).

Because the two grounds behave differently at the hearing, take advice on which notice, or which combination, suits your case before you serve anything. If the arrears could be paid down before the hearing, ask whether to give an RHW23 notice as well, so a breach claim under section 157 stays open. The Welsh Government's guide lists both grounds, their notice periods and forms in its Annex A (gov.wales, accessed 10/10/2026).

Step 5: Court Possession Proceedings (Serious Arrears Route)

Once the 14-day wait after an RHW20 notice is over, you can apply to the county court for possession. You can do this yourself, but many landlords use a solicitor for this step. The court will:

• Review your evidence and the contract holder's defence
• Check whether the arrears are still "serious" (per the ss.181/187 test) on the day of the hearing, not just the day the notice was given
• Grant the possession order if that test is met: this ground is mandatory, subject only to a Convention-rights defence

On the serious arrears ground, the court can't put off the date for giving up possession by more than 14 days after the order, unless it would cause exceptional hardship. Even then, the limit is six weeks after the order (s.219, accessed 10/10/2026). The court can also add a money judgment for the arrears to the possession order (gov.wales guidance).

Court takes time and costs money, including court fees and any solicitor's fees. If the arrears are substantial and informal recovery has failed, it's the only route to get the property back. For what happens after the order, including warrants and bailiffs, see our eviction process guide for Wales.

How to Avoid Arrears

You can lower the risk of arrears in five ways:

• Referencing: use a referencing company to check income and rental history. Don't take a contract holder with a record of non-payment.
• Rent guarantee insurance: protects your rental income if a contract holder stops paying. Premiums, excesses and cover differ between policies, so compare them.
• Clear payment terms: set out the rent amount, due date and payment method in the occupation contract.
• Quick contact: if a payment is late, raise it straight away, politely. Small problems are easier to fix.
• Someone chasing from day one: small arrears are easier to recover than large ones. A rent collection or management service puts someone on it from the first late day.

Common Questions About Rent Arrears