Can You Negotiate Your Tenancy Agreement in Wales?

Many renters in Wales are unsure if they can negotiate their tenancy agreement before moving in or during their stay. Understanding your rights and how negotiations work under current Welsh law can help you secure fair rental terms and a better renting experience.

What Is a Tenancy Agreement?

A tenancy agreement is a contract outlining the rules and terms for renting a property. In Wales, since December 2022, most renters have what is called an "Occupation Contract" under the Renting Homes (Wales) Act 2016^[1]. This replaced traditional assured shorthold tenancies and provides new rights and responsibilities for both landlords and contract-holders (the new legal term for tenants).

Can You Negotiate a Tenancy Agreement in Wales?

Yes, you can negotiate the terms of your tenancy agreement in Wales, both at the start and—sometimes—during your occupancy. The law encourages agreement between landlord and contract-holder, provided that fundamental rights are not removed.

• Before signing: Ask questions and discuss terms like rent amount, deposit, repairs, and permitted pets.
• After signing: Some terms may be reviewed and changed if both parties agree, but this depends on the agreement and type of clause.

Remember, both you and your landlord must agree in writing to any changes to your occupation contract. Some clauses, such as those required by law ("fundamental terms"), are non-negotiable by either party.

Which Terms Can Be Negotiated?

Negotiable terms often include:

• Rent amount and when/how it can increase
• Amount and return of deposit, as regulated by official Tenancy Deposit Schemes
• Responsibility for certain repairs or contents
• Whether pets are allowed
• Notice periods beyond the legal minimum

Some terms are set by law as "supplementary" under the Renting Homes (Wales) Act 2016. These can be amended if both parties agree. "Fundamental" terms, such as the right to a written agreement or safe accommodation, cannot be removed but can sometimes be improved upon.

How to Negotiate With Your Landlord

Negotiating your occupation contract is about open, respectful conversation. Here’s what the process looks like:

• Review the draft agreement or contract before signing.
• Make a list of terms you wish to discuss (e.g., a shorter notice period for ending the contract).
• Put requests in writing with clear reasons.
• If your landlord agrees to any changes, both parties should sign or initial the amended contract.
• Keep a copy of all correspondence and the final signed agreement.

Don't feel pressured to sign if you’re unsure about any terms—it's your right to request clarification or suggest changes.

Relevant Forms and When to Use Them

• Written Statement of Occupation Contract
  Landlords in Wales must provide a written statement to contract-holders within 14 days of move-in, outlining all terms. If you haven't received one, formally request it using a template letter.
  Example: If your landlord does not provide the agreement, write to request it under the Renting Homes (Wales) Act 2016.
  Model Written Statements (Welsh Government)
• Form RHW3: Notification of Joint Contract-Holder
  Use this if you want to add another person to your contract. Submit to your landlord for approval.
  Form RHW3 (Welsh Government)
• Deposit Protection Confirmation
  Request proof your deposit is protected in a scheme. If your landlord does not provide this, you may use a template letter or file a complaint.
  Tenancy Deposit Protection Schemes (UK Government)

All forms and templates are available via the Welsh Government's Renting Homes information pages.

What If Negotiations Break Down or You Have a Dispute?

If you cannot reach agreement with your landlord, or they don't follow the law, help is available. In Wales, renting disputes are handled by the Residential Property Tribunal Wales^[2]. You may apply for the Tribunal’s assistance with issues like rent increases or contractual disputes.

Legislation Protecting Renters in Wales

Your negotiation rights and contract terms are protected by the Renting Homes (Wales) Act 2016. This law covers things like:

• Your right to a written agreement
• Security and deposit protection
• Notice periods and eviction procedures
• Fitness for human habitation (property standards)

For more details, see the official Welsh Government guidance for contract-holders.

FAQs: Negotiating Tenancy Agreements in Wales

1. Can my landlord refuse to negotiate the rent amount?
   Yes, landlords are not legally required to negotiate, but you are entitled to make requests. If you can’t agree, you can decide whether to accept the offered terms or look elsewhere.
2. What if my landlord won't provide a written statement of contract?
   Your landlord must give you a written statement within 14 days of your contract starting. If they don’t, remind them in writing. Persistent failure can be reported to Rent Smart Wales or the Residential Property Tribunal.
3. Can I ask for changes after signing the contract?
   You can ask, but both parties must agree in writing. Some legal terms can’t be changed, but many can, especially if both sides benefit.
4. How do I challenge a rent increase I didn’t agree to?
   If your contract allows rent increases, the landlord must follow the required process and provide official notice. You can refer a dispute to the Residential Property Tribunal Wales.
5. Are there model contracts or templates I can use?
   Yes, the Welsh Government provides model written statements which landlords are encouraged—but not required—to use.

Conclusion: Your Rights and How to Secure Them

• You have the right to negotiate most terms of your occupation contract in Wales.
• Always ask for any changes to be confirmed in writing and keep documentation.
• If issues arise, you can seek help from official bodies like Rent Smart Wales or the Residential Property Tribunal.

The key is open communication, understanding your rights, and knowing where to turn if you need assistance.

Need Help? Resources for Renters in Wales

• Welsh Government Renting Homes guidance for tenants
• Rent Smart Wales — landlord and tenant registration and complaints
• Residential Property Tribunal Wales — handles tenancy disputes and rent questions
• Tenancy Deposit Protection Schemes UK Government
• Shelter Cymru advice for renters

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1. Renting Homes (Wales) Act 2016 (official legislation)
2. Residential Property Tribunal Wales (official site)

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