Training Guide

Withdrawal or Removal of Joint Contract Holders in Wales

Under the Renting Homes (Wales) Act 2016

1. Introduction

This guide explains the legal process when one joint contract holder wishes to leave, abandons the dwelling, or when co-tenants want to remove an absent joint holder. It is designed to give letting agents and landlords a clear understanding of their obligations and the procedures set out in the Renting Homes (Wales) Act 2016 (“the Act”).

Key points:

·       • Joint contract holders are equally responsible for rent and other obligations.

·       • Withdrawal is tightly controlled under the Act.

·       • Liability does not end until the statutory procedure (or landlord-approved variation) is completed.

2. Withdrawal During a Fixed Term

• No unilateral right to withdraw.

• A joint contract holder cannot simply “give notice” during a fixed term.

• Withdrawal is only possible with the landlord’s consent, through a formal variation of the contract.

• If the landlord agrees:

  - A written variation must be signed by the landlord and all remaining contract holders.

• If the landlord does not agree:

  - The joint holder remains liable until the fixed term ends or until all parties agree to a surrender.

3. Withdrawal During a Periodic Contract

The Act provides a statutory process for withdrawal in periodic contracts.

Step 1 – Notice by Joint Contract Holder: The withdrawing tenant must serve a formal Notice of Withdrawal.

Step 2 – Landlord’s Warning Notices: Upon receipt, the landlord must issue written Warning Notices to:

·         - The withdrawing joint holder

·         - All remaining joint holders

·         - And record notice to themselves for compliance

Step 3 – Notice Period: A minimum statutory notice period must run (at least one months). During this time, the remaining joint holders may raise objections.

Step 4 – Withdrawal Takes Effect: If no valid objection is raised, the withdrawal takes effect at the end of the notice period. The withdrawing tenant’s liability ends, and the contract continues between the landlord and the remaining tenants.

4. Abandonment by a Joint Contract Holder

Where a joint holder leaves without using the statutory withdrawal process:

Landlord’s Duties: The landlord must investigate whether abandonment has occurred. Reasonable enquiries should be made (contact attempts, neighbour checks, etc.).

Abandonment Notice: If the landlord reasonably believes abandonment has occurred, an Abandonment Notice may be issued. A statutory response period follows. (see notice RHW29 and RHW30)

Outcome: If no response is received within the statutory period, the landlord may confirm the abandonment and remove the absent tenant from the contract. The remaining tenants remain bound by the contract.

5. Removal at the Request of Co-Tenants

Sometimes the remaining joint contract holders request that a departed or non-participating tenant be removed.

Important: There is no informal “removal” mechanism. The statutory withdrawal process must be followed.

Process:

1. The absent joint holder (or co-tenants on their behalf) initiates the withdrawal procedure.

2. The landlord issues the required Warning Notices or the tenants issue RHW31.

3. If no valid objection is raised within the statutory notice period, the withdrawal takes effect and the absent tenant is formally removed.

6. Notices and Warning Requirements

The Act requires that specific notices are used:

·       • Notice of Withdrawal – served by the joint holder who wishes to leave.

·       • Warning Notices – issued by the landlord to all parties.

·       • Abandonment Notices – issued by the landlord or co tenants where abandonment is suspected.

Failure to serve these notices correctly may invalidate the process.

7. Practical Tips for Letting Agents and Landlords

·       • Never accept informal withdrawals (verbal or casual written notes).

·       • Always use prescribed forms or clear written notices.

·       • Keep detailed records of all notices, dates, and communications.

·       • Advise landlords that liability for rent and obligations only ends once the process is legally complete.

·       • Encourage communication between co-tenants early to avoid disputes.

8. Summary Flowcharts

Three flowcharts accompany this guide see below in the Appendix:

1.     1. Withdrawal during a fixed term.

2.     2. Withdrawal during a periodic contract.

3.     3. Abandonment/removal of a joint holder.

Anti Social behaviour has its own processes now – see at the end of the Appendix

Appendix: Flowcharts

Flowchart 1: Withdrawal by a Joint Contract Holder – Fixed Term

·       Joint contract holder wants to leave

·       ↓

·       Contract is still in fixed term → YES

·       ↓

·       They CANNOT unilaterally withdraw

·       ↓

·       Only possible if landlord agrees to vary contract

·       ↓

·       If landlord consents → Written variation signed by landlord & remaining tenants

·       If landlord does NOT consent → Tenant remains liable until end of fixed term

Flowchart 2: Withdrawal by a Joint Contract Holder – Periodic Contract

·       Joint contract holder serves 'Notice of Withdrawal'

·       ↓

·       Landlord receives notice

·       ↓

·       Landlord issues 'Warning Notices' to: withdrawing tenant, remaining tenants, and record for file

·       ↓

·       Notice period runs (statutory minimum applies)

·       ↓

·       If no valid objection → Withdrawal takes effect at end of notice period

·       ↓

·       Withdrawing tenant’s liability ends, contract continues for remaining tenants now still responsible for the same rent as agreed on the occupation contract

Flowchart 3: Abandonment or Removal of a Joint Holder

·       [A] Abandonment by Tenant:

·       Signs of abandonment → Landlord makes reasonable enquiries

·       ↓

·       If satisfied → Issue 'Abandonment Notice' RHW29

·       ↓

·       Wait statutory response period

·       ↓

·       If no response → Confirm abandonment, tenant removed, contract continues with remaining tenants RHW30

·        

·       [B] Removal Requested by Co-Tenants:

·       Remaining tenants request removal RHW31

·       ↓

·       Formal withdrawal process must be followed

·       ↓

·       Tenant issues Warning Notices to the landlord

·       ↓

·       If no objection → Withdrawal takes effect, absent tenant removed

·       ↓

·       Contract continues with remaining tenants still on the same contracted rental terms as listed on the occupation contract

Of course there may be an occasion where a joint tenant is engaging in some activities that are upsetting the co tenants –immensely, anti social behaviour etc. Moving wife and family into his room without permission is unusually prevalent nowadays.

Then RHW32 and RHW33 notices are an overlooked utility from the Act. Interestingly with this notice the landlord can begin court proceedings immediately and must begin proceedings WITHIN 6 months of the issue of the notice.

It is obviously also intended to have the threat of eviction ‘hanging over the offending tenants head’ to encourage behaviour to improve!