Many tenants in Wales find themselves unsure what happens when an assured shorthold tenancy (AST) is old, ends, or needs updating. This guide explains in clear language what converting an old AST to an occupation contract means for your rent, security of tenure, repairs and notice periods. You will learn which official forms and tribunal routes to use, practical steps to gather evidence, and how to respond if a landlord proposes new terms. The information is tailored to renters and tenants who are not legal experts and focuses on your rights, timeframes and simple actions you can take to protect your home while discussions or disputes are ongoing.
What converting an old AST means
Converting an old AST to an occupation contract usually means creating or agreeing a clear written contract that defines who lives in the property, how rent is paid and who is responsible for repairs. Different rules about possession, rent increases and security of tenure are set out in key statutes such as the Housing Act 1988[1] and the Rent Act 1977[2], which still affect how tenancies are classified in Wales.
When a formal change is needed
- When the landlord proposes a rent increase or new payment terms that you do not agree with.
- When a landlord asks you to sign a new written occupation contract and you want to check your rights first.
- When responsibilities for repairs or maintenance are unclear and you need the contract to state who acts and by when.
- When the landlord seeks possession or serves a notice and you need to know the correct procedure and deadlines.
Official forms and when to use them
Below are the common formal documents tenants encounter. The links to the official sources are listed in the footnotes so you can open the exact government pages and forms directly.
Section 21 notice (to end an AST)
Form name/number: Section 21 notice (no universal HMCTS form number; official guidance page linked in footnotes)
When used: A landlord may use a Section 21 notice to end an assured shorthold tenancy without alleging fault. It is often used after a fixed term ends or during a periodic tenancy.
Tenant example: If your landlord serves a Section 21 asking you to leave, check whether they followed all rules on deposits, energy performance and written information first; these affect whether the notice is valid.[3]
Section 8 notice (possession for specified grounds)
Form name/number: Section 8 notice (Housing Act 1988 procedure; guidance linked in footnotes)
When used: Landlords use Section 8 to seek possession for specific reasons such as rent arrears or breach of tenancy terms.
Tenant example: If served a Section 8 for alleged arrears, gather rent records and receipts to challenge the claim and consider seeking free advice.
Possession claim forms (court)
Form name/number: County Court possession claim forms (for example Form N5 for a possession claim; see official sources in footnotes)
When used: If the landlord proceeds to court, they will use the appropriate court claim form and you will receive the claim papers.
Tenant example: If you receive a possession claim form, read it carefully, note the hearing date and get evidence together to present at the hearing.
Tribunal and dispute routes
If you cannot resolve a disagreement about whether you should be on an occupation contract, or about deposit/repair disputes, the residential property decision body is the First-tier Tribunal (Property Chamber). For tenants in Wales this is the named official tribunal that hears many housing-related disputes: First-tier Tribunal (Property Chamber). Use the tribunal if mediation or negotiation with your landlord does not resolve the matter.
Practical steps for tenants
- Gather your tenancy agreement, rent receipts, deposit paperwork and any written communications with your landlord.
- Ask your landlord in writing for a clear occupation contract or clarification of the proposed changes and keep a dated copy of your request.
- Seek early advice from official bodies or the tribunal if you receive a notice you do not understand.
- Keep track of deadlines for responding to notices or tribunal directions so you do not miss important dates.
FAQ
- Can my landlord force me to switch from an AST to a new occupation contract?
- Typically a landlord cannot force you to sign new terms; they can propose changes but you can negotiate, refuse, or seek advice if you are unsure. If a landlord attempts to evict you solely to change terms, you should get advice and check whether the correct notice procedures were followed.[1]
- What protections do I have while a conversion or dispute is ongoing?
- You retain tenant rights under your current agreement until a lawful change is agreed or ordered; keep paying rent and keep records of payments, repairs, and communications.[2]
- When should I go to the First-tier Tribunal (Property Chamber)?
- Consider the tribunal when you cannot reach agreement with your landlord on contract terms, possession, deposit disputes or repair obligations and you have tried negotiation or mediation without success.
How-To
- Identify the tenancy documents you have and list missing items (agreement, deposit protection, rent records).
- Write to your landlord requesting a written occupation contract or clarification of proposed changes and keep a dated copy.
- Collect evidence: photos, repair reports, receipts and any written messages about terms or notices.
- If the landlord serves a notice and you cannot agree, consider applying to the First-tier Tribunal (Property Chamber) or seeking official advice before any hearing.
Key Takeaways
- Keep copies of all tenancy documents and receipts to support your case.
- Respond to notices and requests promptly and note all deadlines.
- Seek official advice early from the tribunal or government services if you are unsure.
