Understanding Fixed-Term and Rolling Tenancies in Wales

Choosing a home is a big decision, and understanding your tenancy type is vital in Wales. If you rent, you'll probably have either a fixed-term or a rolling (periodic) tenancy under Welsh law. This article explains what these mean, how they affect your rights about rent, notice, and ending or renewing your agreement, and what steps you can take if you have issues.

Types of Tenancy Agreements in Wales

Since December 2022, most renters in Wales hold an 'occupation contract' under the Renting Homes (Wales) Act 2016. There are two main ways your agreement might be structured:

Fixed-Term Tenancy (Occupation Contract)

• Lasts for a set period, such as 6 or 12 months
• You and your landlord agree the start and end dates in writing
• During the fixed term, you can't usually be evicted unless you've seriously broken your agreement
• At the end of the fixed term, your landlord may offer another fixed term or allow it to become a rolling contract

Fixed-term contracts give you stability—you know how long you can stay. You usually can't end the contract early unless your agreement includes a 'break clause'.

Rolling (Periodic) Tenancy (Occupation Contract)

• No fixed end date; it runs week-to-week or month-to-month
• Often begins automatically when a fixed-term ends and you stay on with landlord permission
• You or your landlord can usually end the contract by giving notice as required by law

Rolling tenancies offer flexibility, but also less security. You or your landlord can give notice to end the tenancy, following notice period rules in Wales.

How Tenancy Type Affects Your Rights

Your tenancy type can impact your rights in several key areas:

• Rent Increases: Landlords must follow rules for increasing rent, and you should get proper notice. For occupation contracts:
• Rent can't usually be increased during a fixed term unless the contract allows it.
• For periodic contracts, landlords must give at least 2 months' notice and use the correct process.
• Eviction: Eviction rules differ based on contract type. Landlords need to follow strict legal procedures, including giving the correct notice and using a prescribed form.
• Ending Your Tenancy: If you want to leave a rolling contract, you usually must give 4 weeks’ notice. Leaving during a fixed term is only possible if your contract has a break clause or your landlord agrees.

Notice and Official Forms: What Renters in Wales Need to Know

Landlords must give written notice to end your contract. The key forms and notices include:

• RHW17: Notice to End an Occupation Contract (Landlord’s Notice)
• When used: When a landlord wants to end a periodic standard contract. They must give at least 6 months' notice and use this official form.
• Example: If your landlord wants you to move out of your rolling (periodic) contract, they must serve the RHW17 Notice to End an Occupation Contract.
• RHW22: Notice of Rent Increase
• When used: To notify a change in rent for periodic contracts, landlords must serve the RHW22 Notice of Rent Increase and provide at least 2 months' notice.
• Example: If your landlord wants to raise your rent on your periodic contract, they must give you this form first.

How Tenancies Move from Fixed Term to Rolling: What to Expect

If you remain in your home after your fixed-term contract ends and neither side signs a new agreement, your contract usually becomes 'periodic'. The same rights and rules apply, but the notice periods change. Always get any new terms in writing and keep a copy for your records.

Renter Action Steps: Challenging a Rent Increase in Wales

• Check the notice: Your landlord must use the RHW22 notice and provide at least 2 months’ warning.
• Respond: If you disagree, you can challenge the increase within 1 month by writing to the Residential Property Tribunal Wales.
• Decision: The Tribunal will assess what is fair based on local rents and give a binding decision.
• For a step-by-step guide and forms, visit the Residential Property Tribunal Wales website.

FAQ: Fixed-Term and Rolling Tenancy in Wales

1. What happens if I stay after my fixed-term contract ends in Wales?
   If you remain without signing a new agreement, your occupation contract will usually become periodic (rolling). Your rights stay broadly the same, but notice periods may change.
2. Can my landlord end a rolling tenancy easily in Wales?
   No. Your landlord must provide you with at least 6 months' notice using the official RHW17 form, unless you have broken your contract terms.
3. How much notice do I have to give if I want to move out?
   You must usually give 4 weeks' written notice if you are on a rolling (periodic) occupation contract.
4. Can my rent be increased during my tenancy?
   For fixed-term, rent changes must be written into your contract. For rolling contracts, landlords must use the RHW22 form and give 2 months' notice.
5. Who decides disagreements about rent or contract terms in Wales?
   The Residential Property Tribunal Wales resolves disputes about rent assessments or occupation contract issues for renters.

Need Help? Resources for Renters

• Welsh Government Renting Homes Resources – Clear guides, model contracts, and legal information.
• Shelter Cymru Advice – Free support for renters about eviction, rent increases, and tenancy problems in Wales.
• Residential Property Tribunal Wales – Handles disputes over rent increases, contract issues, and more.
• UK Government: Tenancy Agreements – General guidance for renters throughout the UK.

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1. Renting Homes (Wales) Act 2016
2. Notice to End an Occupation Contract (RHW17)
3. Notice of Rent Increase (RHW22)
4. Residential Property Tribunal Wales
5. Welsh Government Renting Homes Resources

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