Changing Tenancy Terms in Wales: What Renters Should Know

If you're renting in Wales, you might be concerned about your landlord changing your rental agreement – for example, increasing the rent, altering notice periods, or introducing new rules. With the Renting Homes (Wales) Act 2016 now in effect, it's important you understand when and how tenancy terms can be changed, and how to protect your rights as a renter.

Types of Tenancy Agreements: Wales

Since December 2022, most renters in Wales have what's called an occupation contract, replacing previous tenancy types. Most private renters now have a standard occupation contract. If you started renting before December 2022, your agreement likely converted into one of these contracts.

Key documents:

• Model written statements for occupation contracts
• For official information, see the Welsh Government's guide for contract-holders

When Can a Landlord Change Your Tenancy Terms?

Landlords can’t change the contract terms whenever they wish. There are legal limits on what can be changed, how, and when, under the Renting Homes (Wales) Act 2016.^[1]

Types of Terms in Welsh Occupation Contracts

• Key terms: The basics—names, address, start date, rent, etc. These usually can't be changed without written agreement.
• Fundamental terms: Set out in law, covering things like notice to end the contract or repairs. Some can be changed if both parties agree, but many are fixed by law.
• Supplementary terms: Additional terms about day-to-day living, like garden care or decoration. These can be changed through agreement or, in some cases, by the landlord with proper notice.

In summary, your landlord usually cannot change terms during a fixed term unless you agree. Some changes can only be made when your contract is up for renewal.

Notice Requirements for Changing Terms

If your landlord wants to make changes, the law requires proper written notice:

• Written notification: The landlord must give you at least one month's written notice (longer for some term types).
• Form RHW11: Notice of Variation: Used to officially notify a change to a supplementary term. For example, if your landlord wants to add a rule about keeping pets, they'd use Form RHW11. You must receive this before any change applies.

If you believe the change is unfair or breaches your rights, you can challenge it (see below for how).

Rent Increases

For rent increases specifically, the landlord must use the correct form and notice:

• Form RHW12: Notice of Rent Variation: Issued to tell you about a rent rise. Landlords can only increase rent once per year (unless you agree otherwise), with at least two months' notice. See the guidance for Form RHW12.

Disputing Changes You Don't Agree With

If you feel a change is unfair, or your landlord hasn't followed the right procedure, you can challenge it. The main route is via the Residential Property Tribunal Wales, which deals with tenancy disputes.^[2]

• For rent increases: You can apply to the tribunal to challenge an above-market rent with a form application (see guidance on rent review disputes).
• For other contract terms: Discuss changes with your landlord first. If you can't agree, seek advice and escalate to the tribunal as needed.

How to Challenge a Rent Increase in Wales

• Step 1: When you receive the rent variation notice (Form RHW12), check that it was delivered correctly and gives the right amount of notice
• Step 2: If you disagree, apply to the Residential Property Tribunal Wales to have the increase reviewed—usually within one month
• Step 3: Gather evidence, such as details of local rental prices, to support your case

It can be helpful to get guidance from an advice service or your local council's housing team.

FAQ: Your Questions Answered

1. Can my landlord change the tenancy agreement without my consent in Wales?
   No, your landlord usually cannot change key or fundamental terms without your written agreement. Some supplementary terms can be varied but only with proper written notice using official forms.
2. How much notice must a landlord give to change the rent?
   Your landlord must provide at least two months' written notice and use Form RHW12.
3. Which official forms should I look out for about tenancy changes?
   Look for Form RHW11 (for variations of supplementary terms) and Form RHW12 (for rent increases).
4. Who can help me if I think tenancy changes are unfair?
   You can contact your local authority housing team, Shelter Cymru, or apply to the Residential Property Tribunal Wales.
5. What is the main tenancy law for renters in Wales?
   The Renting Homes (Wales) Act 2016 is the key legislation governing your rights.

Conclusion: Key Takeaways

• Landlords can only change most tenancy terms in Wales with proper notice and your agreement
• Rent increases or other variations must be served with the correct official form and timeframe
• If you disagree, you can challenge changes using the Residential Property Tribunal Wales

Understand your contract, check any notice carefully, and don’t hesitate to seek advice if you’re unsure of your rights.

Need Help? Resources for Renters in Wales

• Welsh Government: Renting Homes Guide for Contract-Holders
• Residential Property Tribunal Wales – handles disputes over rent and contract terms
• Shelter Cymru: Free housing advice for renters in Wales
• Contact your local authority housing team for additional support

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

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