An occupation contract defines the rights and responsibilities between a tenant or renter and the person they live from. In Wales this contract type replaces many older tenancy labels and sets out how rent is charged, who must carry out repairs, how deposits are handled and the notice needed to end a contract. This article explains in plain language what occupation contracts mean for tenants, how to spot key terms that protect you, where to find official forms and what steps to take if you need to challenge a rent increase, a refusal to repair, or an unlawful eviction.
What is an occupation contract?
An occupation contract is the legal document that gives you the right to live in a home and sets the rules for both you and the landlord. In Wales the Renting Homes (Wales) Act 2016 changed how many agreements are described and simplified key rights for occupiers. For full statutory text see the official legislation.[1]
Key rights and responsibilities for tenants and renters
- Paying rent and protecting any deposit: tenants must pay rent on time and landlords must follow rules on deposit protection.
- Repairs and maintenance: landlords are responsible for keeping structure and services in reasonable repair.
- Notices and forms: formal notices to end an occupation contract must follow the Act and are often required in writing.
- Ending and moving out: the contract explains notice periods and how to return keys and the property.
Repairs: what to do if the landlord does not act
First tell the landlord in writing, keep copies of messages and photos, and set a reasonable deadline for the work to be done. If the landlord does not fix the problem, you can apply to the First-tier Tribunal (Property Chamber) in Wales or use the county court for certain claims. The Tribunal handles many residential disputes and will consider evidence such as dated photos, repair logs and correspondence when deciding a case.[2]
Official forms and when to use them
Below are the common official application routes tenants may use. Links go to official government pages and tribunal guidance.
- Application to the First-tier Tribunal (Property Chamber) — Residential Property (Wales) — Use this application when you seek a remedy for disrepair, unlawful exclusion from the home, or disputes about rights under an occupation contract. Example: you submit the tribunal application with photos of damage, copies of messages to the landlord, and a clear request for an order to require repairs.
- Renting Homes (Wales) Act 2016 (official text) — Not a form, but essential statutory reference for filling and checking notices that rely on the Act. Example: check the Act for the correct notice period and required information before you respond to a landlord notice.[1]
- County court possession/claim forms (where applicable) — Use county court claim forms to seek possession or monetary awards where tribunal routes do not apply. Example: where the dispute requires a possession order under court procedure, complete the official county court claim form and follow court guidance on fees and service.
Ending an occupation contract and notice periods
Occupation contracts include how either party can end the agreement. Some contracts require notice from the tenant, others provide specific landlord-only notice grounds. Always check the written contract and the Renting Homes (Wales) Act for timeframes and content needed in a valid notice. If you receive notice you believe is incorrect, gather evidence and consider applying to the First-tier Tribunal to challenge it.[2]
FAQ
- Who is covered by an occupation contract in Wales?
- An occupation contract can cover most private rented occupiers and clarifies whether someone is an occupier with rights. Workers, lodgers and some short-stay arrangements may be treated differently depending on the contract wording.
- How can my rent be changed under an occupation contract?
- Rent change clauses will be in the contract; a landlord must follow those terms. If a contract is silent, the landlord should give reasonable notice and you can seek a tribunal determination if you believe a proposed increase is unfair.
- What can I do if repairs are not carried out?
- Start by notifying the landlord in writing and keeping records. If unresolved, apply to the First-tier Tribunal (Property Chamber) for an order requiring repairs or compensation.[2]
How-To
- Gather clear evidence: take dated photos, keep repair receipts and save all messages with the landlord.
- Complete and submit the correct application: use the First-tier Tribunal guidance page for Wales and attach your evidence and a clear statement of the outcome you want.[2]
- Attend the hearing or mediation: arrive with originals, copies of documents and a short timeline of events to present to the decision-maker.
Help and Support / Resources
- Rent Smart Wales — landlord and agent registration and advice
- First-tier Tribunal (Property Chamber) — Wales guidance and forms
- Tenancy deposit protection — GOV.UK guidance for England and Wales
