Joint Tenancy Rent Rules and Rights in Wales

Renting a home with others in Wales comes with unique rules and responsibilities. If you are in a joint tenancy, understanding how rent rules apply can help you avoid disputes, manage rent increases, and know your legal rights. Whether you share with friends or family, knowing your position under current Welsh law empowers you to protect your home and budget.

What is a Joint Tenancy in Wales?

A joint tenancy is where two or more people share equal responsibility for a rental agreement. In Wales, since December 2022, most renters have ‘occupation contracts’ under the Renting Homes (Wales) Act 2016. This means you and your housemates are all ‘contract-holders’, each with equal rights and obligations under the agreement.

• All contract-holders are jointly and individually responsible for paying the total rent.
• If one person leaves without ending the contract, remaining people are still responsible for the whole rent.
• All names should appear on the written occupation contract provided by your landlord.

How Are Rent Payments Managed?

For joint tenancies or occupation contracts, the group typically pays rent as a single payment. If one person cannot pay, everyone else may legally be required to cover the shortfall. This is called ‘joint and several liability’.

• Rent can be split however you agree among yourselves, but you’re all liable for the full amount if there is a problem.
• If a contract-holder leaves, you must tell the landlord—adjusting responsibility may require ending and creating a new contract.
• Written confirmation of rent received is required by law if paying in cash.

Rent Increases in Joint Tenancies

Landlords in Wales can only increase rent by following rules set out in the Renting Homes (Wales) Act 2016.

• Rent increases are allowed only once every 12 months for standard occupation contracts.
• Your landlord must give at least two months’ written notice using the Notice of Proposed Rent Increase (RHW5) form.
• Every contract-holder must be notified individually.

The Official Form: Notice of Proposed Rent Increase (RHW5)

When used: If your landlord wants to increase the rent under an occupation contract, they must serve you the official Notice of Proposed Rent Increase (RHW5) form. This notice must outline the new rent and the date it will take effect, giving you at least two months’ warning.

Example: Sarah and three friends share a flat. If the landlord wishes to increase rent from £900 to £950, each contract-holder gets their own RHW5 form, and the increase can’t start sooner than two months from the date of the notice.

What if You Disagree with a Rent Increase?

If you think a rent rise is unfair or has not followed legal procedure, you have the right to challenge it:

• You must apply to the Residential Property Tribunal Wales within two months of receiving the notice.
• The tribunal will review if the increase is above market value or not in line with the law.
• Your rent cannot be put up until the tribunal’s decision.

If you plan to challenge a proposed rent increase, always keep written records and respond before the deadline.

When One Joint Contract-Holder Leaves

If one person wants to move out, the process depends on your contract and your landlord’s agreement:

• With the landlord’s consent, you can replace a contract-holder using a process called ‘transfer’ or ‘substitution’.
• You may need to update your written contract using the Notice of Variation for an Occupation Contract form.
• If the landlord does not agree, the remaining contract-holders may have to end the contract and start a new one.

This helps clarify everyone’s rights and responsibilities in case a housemate moves out.

Your Rights Under Welsh Housing Legislation

Your joint occupation contract (formerly called joint tenancy) is regulated primarily by the Renting Homes (Wales) Act 2016. This law sets out:

• The way contracts must be written and provided
• The notice periods for rent increases
• Your right to challenge unfair rent or landlord actions

FAQ: Joint Tenancies and Rent in Wales

1. Can my landlord increase rent more than once a year in a joint tenancy?
   No. Under current Welsh law, rent can only be increased once every 12 months for standard occupation contracts.
2. If my housemate stops paying rent, am I still liable?
   Yes. All joint contract-holders are responsible for the full rent, so you may have to cover their share if they don’t pay.
3. What do I do if I want to move out but others want to stay?
   You’ll need your landlord’s written agreement for someone to take your place, or all may need to end the contract and start a new one with the remaining people.
4. How do I challenge a rent increase I believe is unfair?
   You can apply to the Residential Property Tribunal Wales within two months of being notified using the RHW5 notice.
5. What official government forms apply to joint tenancies in Wales?
   The most important are the RHW5 Notice of Proposed Rent Increase and the Notice of Variation for Occupation Contract when updating contract-holder details.

Key Takeaways for Welsh Renters

• All joint contract-holders share equal legal responsibility for the whole rent.
• Your landlord must follow strict rules and serve the correct forms for any rent increase.
• You have a right to challenge unfair rent changes through the Residential Property Tribunal Wales.

Understanding your rights can prevent disputes and safeguard your tenancy.

Need Help? Resources for Renters in Wales

• Welsh Government: Renting Homes Guidance
• Residential Property Tribunal Wales: for disputes about rent increases or contract terms
• Shelter Cymru: Free Renter Advice
• Citizens Advice Wales: Housing Help

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1. Renting Homes (Wales) Act 2016
2. Notice of Proposed Rent Increase (RHW5)
3. Notice of Variation for Occupation Contract
4. Residential Property Tribunal Wales
5. Welsh Government Renting Homes Guidance

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