Is a Written Lease Required for Renters in Wales?

Renting in Wales comes with new rights and requirements following the Renting Homes (Wales) Act 2016. If you're a tenant or a prospective renter, understanding whether you need a written lease, and what it must include, is crucial for your protection and peace of mind.

Your Legal Agreement: Written or Not?

Since December 2022, most renters in Wales are covered by the Renting Homes (Wales) Act 2016. This law replaced previous tenancy laws and introduced "occupation contracts" for almost all private and social renters. But what does it mean for your written lease?

What Is an Occupation Contract?

An occupation contract is a legal agreement between you (the contract-holder) and your landlord. It's the Welsh replacement for what was previously called a tenancy agreement.

• Written Statement Required: Your landlord must provide you with a written statement of your occupation contract.
• Timeline: If your contract started after 1 December 2022, the written statement must be given to you within 14 days of moving in.
• For existing tenancies converted to occupation contracts, the deadline was 1 June 2023.

This written statement must clearly explain your rights and responsibilities, the landlord's obligations, the rent amount, how and when rent is due, how repairs are managed, and how the contract can be ended.

Can You Rent Without a Written Lease?

Technically, an agreement (even an unwritten one) can exist and is still legally enforceable. However, under the current Welsh law, your landlord is legally required to give you a written statement. Failing to do so can result in penalties and you can take action if you are not given one.

Practical Steps if You Don't Have a Written Statement

• Ask your landlord for a written statement of your occupation contract if you haven't received one.
• If they fail to provide it within the legal timeframe, you may be entitled to compensation. Use official guidance from Welsh Government Renting Homes (Wales) Contract-Holders Guide to understand your next steps.
• You can apply to the county court for a remedy. There is no specific form but seek advice from official civil court forms or contact Citizens Advice Wales.

Official Tribunal for Rental Issues in Wales

Disputes over your occupation contract, possession, or rent increases can be brought before the Residential Property Tribunal Wales. This is the official body for rental disputes between Welsh renters and landlords.

Relevant Legislation for Welsh Renters

The key law setting your rights is the Renting Homes (Wales) Act 2016¹. This legislation outlines:

• Types of occupation contracts
• Landlord and renter (contract-holder) responsibilities
• Rules for written statements
• Notice periods
• Procedures for ending a contract

Legal agreements must also comply with the Housing Act 1988 for some older tenancies, but for most, the Renting Homes (Wales) Act 2016 is now the main law.

Key Official Form: Section 173 Notice

Name: Section 173 Notice (for ending a periodic standard occupation contract by landlord)
When to use: If your landlord wants to end your occupation contract, they must give you a 'Section 173' notice. This notice must be provided in writing and with a minimum 6 months’ notice period (under most circumstances).
Example: If your landlord no longer wishes to rent out the property, they may serve you with a Section 173 notice to regain possession. This must follow the rules set out in the Act.
Official Source: See Ending an occupation contract - Welsh Government guidance.

What Happens If Not Provided a Written Statement?

Your landlord’s failure to provide a written statement does not invalidate your agreement, but you may be awarded compensation of up to two months’ rent via the county court. You can seek guidance and support through agencies like Shelter Cymru or Citizens Advice Wales.

1. Do I need a written lease to rent in Wales?
   No one can rent out a property in Wales without providing a written statement of the occupation contract. This written document is a legal requirement since December 2022.
2. What if my landlord refuses to give me a written statement?
   If your landlord does not provide a written statement within the required timeframe, you may be entitled to compensation. You can apply to the county court for a remedy.
3. Can I start renting before getting the written statement?
   Yes, but your landlord must provide the written statement within 14 days of the occupation date for new contracts.
4. Which tribunal handles rental disputes in Wales?
   Most housing disputes can be raised with the Residential Property Tribunal Wales.
5. Where can I see the full Renting Homes (Wales) Act?
   You can find the full legislation on the Renting Homes (Wales) Act 2016 official government website.

Conclusion: What Welsh Renters Should Remember

• Your landlord must give you a written statement of your occupation contract – a key legal protection.
• If you don’t receive this, you have rights to request one and claim compensation if necessary.
• Key legal processes are covered under the Renting Homes (Wales) Act 2016, and disputes go to the Residential Property Tribunal Wales.

Making sure you have your written statement and understand your contract helps protect your rights and makes renting in Wales more secure.

Need Help? Resources for Renters in Wales

• Welsh Government: Getting Advice About Housing
• Shelter Cymru: Free Online Housing Advice
• Citizens Advice Wales: Housing Help
• Residential Property Tribunal Wales (official tribunal for rental issues)
• Renting Homes (Wales) Act 2016 – Full Text on legislation.gov.uk

---

1. Renting Homes (Wales) Act 2016 (legislation.gov.uk)
2. Welsh Government: Renting Homes Guide for Contract Holders
3. Residential Property Tribunal Wales (gov.uk)
4. Official Civil Court Forms (gov.uk)

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation