Adding Someone to a Tenancy Agreement in Wales: A Step-by-Step Guide

If you are renting in Wales and wish to add someone to your tenancy agreement—such as a partner, family member, or friend—it’s important to follow the correct legal process. Whether you want your household to be more secure or to share rent responsibilities, understanding your rights and the steps involved can help you stay protected under Welsh housing law.

Understanding Tenancy Agreements in Wales

Most renters in Wales now have what’s called an occupation contract instead of a traditional tenancy, following the implementation of the Renting Homes (Wales) Act 2016. The person or people named on your contract as ‘contract-holders’ have the legal right to live in the property. Adding someone to your tenancy means making them a contract-holder too, granting them the same legal rights and responsibilities.

Can Someone Be Added to a Tenancy?

In Wales, you can only add someone to a tenancy (occupation contract) with the landlord's written consent. Landlords are not required to agree, but must not discriminate when considering your request. Once approved, your contract should be updated to include the new contract-holder’s details and rights.

• All contract-holders become jointly responsible for rent and other obligations.
• If one person leaves, the remaining contract-holder(s) may retain the contract rights, depending on the agreement type.

What Steps Are Involved?

Following the right process protects everyone’s rights and avoids problems later. Here’s a summary:

• Check your contract to see if adding someone is allowed
• Talk to your landlord or letting agent about your request
• Submit a formal written request, if required
• Wait for written permission from the landlord
• Sign a new or updated written occupation contract with all parties listed

Official Forms and When to Use Them

Requesting to Add a Joint Contract-Holder

• Form RHW1: Written Statement of the Occupation Contract – Used to provide a new contract-holder with their legal occupation contract rights. Your landlord is responsible for issuing this when someone new is added.
  See official RHW1 form and guidance.
• No specific application form is required by law to request adding someone, but you should make your request in writing and keep a copy for your records.

Example: If you want to add your partner, you would email the landlord asking to add them as a joint contract-holder. If the landlord agrees, they update the contract—using the RHW1 form—and both of you sign it.

What If the Landlord Refuses?

If your landlord declines without a fair reason, and you believe discrimination is involved (for example, based on gender, race, disability, family status), you may contact your local council's housing department or seek advice from Shelter Cymru. If you disagree with a contract decision, you can apply to the Residential Property Tribunal Wales, which resolves disputes between contract-holders and landlords.¹

Your Rights and Legal Protections

• The Renting Homes (Wales) Act 2016, Section 76, outlines joint contract-holder rules and landlord duties.
• All contract-holders share equal rights and responsibilities including notice periods and protection from unfair eviction.
• Adding someone can affect things like council tax, housing benefit, or universal credit. Always check with your local council before making changes.

By following the correct steps, you ensure that everyone living in your home is protected by law.

Frequently Asked Questions

1. Can my landlord refuse to add someone to my tenancy in Wales?
   Yes, your landlord can refuse, but must do so fairly and not for discriminatory reasons. They should provide a clear explanation if they deny your request.
2. Do I need to sign a new contract to add someone?
   Typically, yes. Landlords should provide a new or updated written occupation contract (using Form RHW1) for all contract-holders to sign.
3. Is there a government fee for adding a joint tenant?
   No, there is no government charge for this process, but landlords cannot charge prohibited fees under the Renting Homes (Fees etc.) (Wales) Act 2019.
4. What if someone moves in but is not added to the contract?
   If they’re not officially a contract-holder, they may not have full legal rights—always ensure name(s) are added to the contract for legal protection.
5. Can joint contract-holders leave separately?
   Yes, but the process depends on your agreement type and you may both need to agree how to end the contract. Get advice if unsure.

Conclusion: Key Takeaways

• Adding someone to a tenancy in Wales always requires landlord approval and a written update to your contract.
• Use the RHW1 written statement to make sure all joint contract-holders have legal rights.
• If in doubt or facing problems, seek independent advice or apply to the Residential Property Tribunal Wales.

Carefully following these steps helps keep your home and household secure under Welsh housing law.

Need Help? Resources for Renters

• GOV.UK Guide to Tenancy Agreements
• Shelter Cymru: Free Advice for Renters in Wales
• Residential Property Tribunal Wales (for tenancy-related disputes)
• Citizens Advice Wales: Housing Advice
• Your local council’s housing services directory

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1. Renting Homes (Wales) Act 2016

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