Section 173 notices: Wales kept a no-fault route

· 7 min read

This is the divergence that matters most, and the one English commentary consistently gets wrong for Welsh landlords.

England abolished no-fault eviction. Section 21 ended on 1 May 2026 and possession now runs solely through Section 8 grounds — see what Section 8 requires.

Wales did not. Section 173 of the Renting Homes (Wales) Act 2016 provides a landlord's notice under a periodic standard contract requiring no ground and no fault. It is still available.

What section 173 requires

  • Six months' notice. Doubled from two months by the 2016 Act — a substantial tightening, but not abolition.
  • No notice in the first six months of the occupation contract, so the earliest possible possession is roughly twelve months in.
  • Full compliance first. A section 173 notice cannot be given unless you have provided the written statement, complied with the deposit rules, and are registered and licensed with Rent Smart Wales.

That last condition is where notices fail. It is the Welsh analogue of the old English section 21 preconditions, and it is stricter: an unregistered landlord cannot serve a valid section 173 notice at all.

The retaliatory eviction bar

The court may refuse possession where the notice was given in response to the contract-holder raising a disrepair or fitness concern. A landlord who receives a complaint about damp and serves notice a fortnight later is inviting exactly that finding.

Given the fitness duties described in fitness for human habitation in Wales, the sequence of dates in your own records is what decides this.

Why a cross-border landlord gets this wrong in both directions

An English landlord with a Welsh property reads that no-fault eviction is abolished and believes they have lost a route they still have. A Welsh landlord with an English property assumes six months' notice still works and serves an invalid notice on the English side.

Both errors come from the same cause: treating "the law changed" as a single national event. Housing is devolved and the two jurisdictions have diverged further, not converged. The comparison is laid out in the divergence map.

The other routes

Section 173 is the no-fault route. Wales also has fault-based grounds — serious rent arrears, breach of contract, anti-social behaviour — with their own notice periods, and those operate whether or not section 173 is available.

Check the document the notice depends on. The agreement checker reads what you are letting on, cited to the Act and section.

Information tool, not legal advice. Take advice on a specific possession matter.

Common questions

Has no-fault eviction been abolished in Wales?

No. Section 21 was abolished in England on 1 May 2026, but Wales retains section 173 of the Renting Homes (Wales) Act 2016, which requires no ground. It carries six months' notice and cannot be given in the first six months of the contract.

How much notice is a section 173 notice?

Six months, doubled from two by the 2016 Act. It also cannot be served during the first six months of the occupation contract, so the earliest realistic possession is around twelve months from the start.

What stops a section 173 notice being valid?

Failing to provide the written statement, failing to comply with the deposit rules, or not being registered and licensed with Rent Smart Wales. An unregistered landlord cannot serve a valid section 173 notice at all. The court may also refuse possession where the notice followed a disrepair complaint.

I have properties in both England and Wales — do the same rules apply?

No, and this is where cross-border landlords go wrong in both directions. England has no no-fault route at all; Wales retains section 173 with six months' notice. Housing is devolved and the two have diverged further rather than converged.

Sources

Figures about our own council records are computed when this page is built, so they cannot drift from the database. Information tool, not legal advice.

Read next

England vs Wales: the landlord law divergence map10 min readOccupation contracts and contract-holders: the Welsh vocabulary7 min readThe written statement in Wales: 14 days, and what happens if you miss it6 min readSection 21 is gone: what Section 8 possession actually requires now8 min read

Check a specific property. Look up your council's licensing position across all 318 councils, run the free compliance check — five questions, no sign-up — or check a document with the tenancy agreement checker.

Landlord HQ uses AI to analyse legislation and tenancy agreements. While we work hard to ensure accuracy, AI can make mistakes. Always verify compliance requirements with a qualified solicitor. Landlord HQ is an information tool, not legal advice.

© 2026 Landlord HQ · landlordhq.uk