Spotting and Challenging Illegal Tenancy Terms in Wales

Renters in Wales have important rights and protections under the law. If you're renting a home and unsure whether your tenancy agreement contains any unfair or illegal terms, understanding your rights can help you feel secure and confident. This guide explains how to check for illegal tenancy terms in Wales, what to do if you spot them, and where to get official help.

Understanding Tenancy Agreements in Wales

Since December 2022, most renters in Wales have a "standard occupation contract" instead of an old-style tenancy agreement, due to the Renting Homes (Wales) Act 2016.^[1] This law sets out what must—and must not—be included.

• Standard Occupation Contract: The main legal agreement between renter and landlord in Wales.
• Key terms: Basic rules, such as the amount of rent, must be included and can't be changed.
• Prohibited terms: Certain terms are not allowed by law, such as requiring you to pay for all repairs.

Your landlord must give you a written copy of your occupation contract within 14 days of moving in. Always read it carefully before signing.

What Counts as an Illegal Tenancy Term?

In Wales, a tenancy (occupation contract) term is likely illegal if it:

• Tries to take away your legal rights, such as stopping you from reporting repairs
• Goes against the Renting Homes (Wales) Act 2016 or other housing laws
• Is considered "unfair" under the Consumer Rights Act 2015^[2]

Common Examples of Illegal Tenancy Terms

• Stating that you cannot complain to the council or ask for repairs
• Making you pay for all damage, even if it's normal wear and tear
• Charging unlawful fees beyond rent and permitted deposits
• Trying to evict you without following proper legal notice procedures
• Requiring you to leave with no notice "if the landlord wants"

If you see any of these—or anything else that seems unfair—it's a good idea to check against official guidance or seek help before agreeing.

How to Check If a Term Is Illegal or Unfair

To help you spot an illegal or unfair term in your agreement:

• Compare your contract to the Welsh Government model occupation contracts
• Look for wording that removes your basic rights
• Check if the term asks you to pay for your landlord’s legal responsibilities
• If unsure, contact Rent Smart Wales or Citizens Advice

Remember, even if you've signed an agreement, the law overrides any illegal or unfair terms.

What You Can Do if Your Contract Has Illegal Terms

If you believe your occupation contract in Wales contains an illegal term, you don't have to accept it.

• Raise it with your landlord: Politely ask them to remove or ignore the illegal term, explaining it is not allowed by law.
• Contact local authorities: Report to your local council if the landlord refuses to cooperate or if the term is serious (like banning repairs).
• Ask for advice: Independent services like Rent Smart Wales can offer FREE guidance.

Relevant Official Forms and How to Use Them

• Form RHW20 – Complaint to Rent Smart Wales
  • When to use: If your landlord is unregistered or refusing to update an illegal contract term.
  • Example: You spot a term that makes you pay for all repairs. After raising it with your landlord and getting nowhere, you file an RHW20 form with Rent Smart Wales to investigate.
  • Access the RHW20 complaint form
• Model Occupation Contract Templates
  • When to use: To compare your contract with the legally approved versions.
  • View model contracts on the Welsh Government site

Taking Further Action: Disputes and Tribunals

If informal action doesn't resolve the issue, renters in Wales can apply to the Residential Property Tribunal Wales. This tribunal is an independent body that handles tenancy disputes, including unfair contract terms.

• Submit an application: Use the online form provided by the tribunal to detail your dispute.
• Hearings: The tribunal can decide if a contract term is illegal, and their decisions are legally binding.

It's best to keep copies of your contract, all correspondence, and any evidence in case you need to present your case.

FAQ: Illegal Tenancy Terms in Wales

1. Can my landlord make me pay for all repairs?
   No. By law, landlords must handle most repairs, including the structure and major systems. This cannot be passed entirely to the renter.
2. Is it legal for my tenancy agreement to ban pets?
   Landlords can reasonably restrict pets, but absolute bans may be challenged as unfair under certain circumstances.
3. Do I have to accept illegal terms if I already signed?
   No. Even if you've signed, illegal or unfair terms are unenforceable and overridden by the law.
4. How can I officially challenge a contract term?
   Start by asking your landlord to amend the contract. If not resolved, submit a complaint to Rent Smart Wales or escalate to the Residential Property Tribunal Wales.
5. What should I do if my landlord threatens eviction for challenging a term?
   You are protected from "retaliatory eviction" in certain cases. Seek advice immediately from Rent Smart Wales or Citizens Advice.

Conclusion: Key Takeaways for Renters in Wales

• Illegal or unfair tenancy terms are not enforceable, even if signed in your contract.
• Compare your contract to official model templates; seek help if something feels wrong.
• Support is available—use Rent Smart Wales, the Residential Property Tribunal, or local councils for help.

With the right information and support, you can protect your rights and ensure your tenancy agreement in Wales is fair and legal.

Need Help? Resources for Renters in Wales

• Rent Smart Wales: Information, legal guidance, and complaints service
• Residential Property Tribunal Wales: Tribunal for tenancy and contract disputes
• Welsh Government Housing: Official tenant guides and model contracts
• Citizens Advice Wales: Free, independent advice for tenants

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1. Renting Homes (Wales) Act 2016 sets out the main legal framework for rental contracts.
2. Consumer Rights Act 2015 gives guidance on fairness of contract terms.

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