Are Verbal Tenancy Agreements Legal in Wales?

If you’re renting a home in Wales, you might wonder if a verbal agreement with your landlord is enough, and what legal rights you have if nothing was written down. Understanding how verbal tenancy agreements work under Welsh housing law is crucial for protecting yourself, resolving disputes, and ensuring you don’t miss out on important renter protections.

What Is a Verbal Tenancy Agreement?

A verbal tenancy agreement is simply an informal arrangement between you and your landlord—usually agreed upon face-to-face or over the phone—without anything being put in writing at the start. This can feel convenient, but it can also leave you unsure of the terms or your rights if problems arise.

Are Verbal Tenancy Agreements Legal in Wales?

Yes, verbal tenancy agreements are legal in Wales. Under the Renting Homes (Wales) Act 2016, a tenancy (or now, more commonly called an ‘occupation contract’) can be made verbally. However, there are important requirements landlords must meet—especially since 1 December 2022, when rental laws changed in Wales:

• Your tenancy is still legally binding, even if it’s not written down.
• Landlords are required by law to provide you with a Written Statement of your occupation contract within 14 days of moving in.
• Without a Written Statement, your rights as an occupant are still protected by default terms set in the law.

This is true whether you’re in a private or social rented home.

Key Risks of Verbal Agreements

While verbal agreements are legally valid, there are notable risks:

• It is harder to prove what was agreed if disputes arise.
• You might disagree on start dates, notice periods, or who is responsible for repairs.
• Landlords who don’t provide a Written Statement can face financial penalties if you take action.

To help avoid issues, always request written confirmation of your contract. If your landlord does not give you a Written Statement, you can still access your legal rights.

Your Rights Under a Verbal Tenancy in Wales

Even with a verbal agreement, you have clear rights under the Renting Homes (Wales) Act 2016:

• The right to live in your home without unlawful eviction
• The right to proper notice if your landlord wants you to leave
• Protections against unfair rent increases
• The right to have repairs and maintenance carried out

Official Forms Renters Should Know

• Application to the Residential Property Tribunal (RPT) – Statement of the Terms (Form RHW41):
  • When to use: If your landlord hasn’t provided a Written Statement of your occupation contract within 14 days, you can apply to the tribunal for one.
  • How to use: Complete RHW41 (Application for a Written Statement) and submit it directly to the Residential Property Tribunal for Wales with supporting evidence of your tenancy.

How to Protect Yourself with a Verbal Agreement

If you have a verbal agreement, you can still take steps to safeguard your position:

• Keep a record of rent payments (bank statements, receipts).
• Email or text your landlord to confirm key details, such as the move-in date, rent amount, and notice periods.
• Request your Written Statement—this is your right as a renter in Wales.

It's usually safer for both parties to have everything in writing—but don't worry, the law still protects you if your landlord has not provided paperwork.

Enforcing Your Rights: Where to Go If Things Go Wrong

If disputes arise or your landlord fails to provide written terms, contact the Residential Property Tribunal for Wales. This independent body rules on housing disputes and can require landlords to issue Written Statements or award compensation to renters.

If you feel your landlord isn’t meeting their legal obligations, you can also contact your local council’s housing department for advice and support.

FAQ: Verbal Tenancy Agreements in Wales

1. Are verbal tenancy agreements legally binding in Wales? Yes. Verbal tenancy agreements are legally binding. However, landlords are required by law to provide a Written Statement of the agreement within 14 days of your moving in.
2. What should I do if my landlord won’t provide a Written Statement? You can formally request it and, if there’s still no response, submit Form RHW41 to the Residential Property Tribunal for Wales to obtain an official copy and potentially claim compensation.
3. What rights do I have without a Written Statement? Your core rights remain protected by law, including rights against illegal eviction, unfair rent increases, and for repairs—even if there is no paperwork.
4. Can I be evicted from a verbal tenancy agreement? Only with valid notice and following the procedures set out in Welsh law. Illegal eviction without proper notice is against the law regardless of whether an agreement is written or verbal.
5. Is there any evidence I can use if a dispute arises over a verbal agreement? Yes. Keep records like rent payment receipts, text/email conversations with your landlord, or witness statements to show your tenancy exists and its terms.

Key Takeaways

• Verbal tenancy agreements are legal and binding in Wales, but your landlord must give you a Written Statement by law.
• Your rights as a renter are protected even if you never receive paperwork.
• You can use Form RHW41 to enforce your right to a Written Statement.

Need Help? Resources for Renters

• Residential Property Tribunal for Wales: Handles housing disputes, including failure to issue Written Statements and contract issues
• Welsh Government: Renting Homes guidance: Explains your rights as a tenant under new Welsh law
• Shelter Cymru: Provides free, confidential advice to renters in Wales
• Contact your local council’s Housing Options team for urgent tenancy or housing concerns

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1. See Renting Homes (Wales) Act 2016 – legislation.gov.uk
2. Residential Property Tribunal for Wales: Official Tribunal for Welsh housing disputes
3. Form RHW41: Application for a Written Statement
4. Welsh Government Renting Homes guidance: gov.wales/renting-homes

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