What is an occupation contract?
An occupation contract is the legal agreement between you and the landlord that gives you the right to live in a property. You are usually called the contract-holder, while the landlord is the landlord under the contract. The agreement can be a standard contract or a secure contract, depending on the landlord and housing arrangement.
Most private renters in Wales have a standard occupation contract. Local authority and registered social landlord tenants commonly have secure occupation contracts, although the exact terms depend on the housing provider. The Renting Homes (Wales) Act 2016 sets many of the core rights and duties for both sides.[2]
Your written statement
Your landlord should give you a written statement containing the contract's key terms. It should identify the property, landlord and contract-holder, state when the contract began, explain the rent and payment arrangements, and describe responsibilities such as repairs, access and changing the contract.
Read the statement carefully and keep it with rent records, inspection reports and messages. If information is missing or appears different from what you agreed, ask the landlord to correct it in writing. A landlord cannot simply remove rights provided by housing law by inserting an unfair term.
- Check the rent amount, payment date, permitted increases and any deposit or fee arrangements.
- Check who is responsible for repairs, maintenance and keeping the home fit for occupation.
- Check the rules about entry, inspections, keys and privacy.
- Check notice provisions, including how the contract can end and how notices must be delivered.
Types of occupation contract
Standard occupation contracts
A standard contract is commonly used by private landlords. It normally includes a fixed term or a periodic arrangement. A fixed-term contract runs for an agreed period, while a periodic contract continues from one rental period to the next until it ends lawfully.
Your contract may contain additional terms, but those terms must be fair and consistent with mandatory legal requirements. If you are unsure whether a term is enforceable, obtain advice before signing or relying on it.
Secure occupation contracts
A secure contract is generally used by community landlords, such as councils and registered social landlords. It usually provides stronger long-term security, but the landlord can still seek possession in circumstances allowed by law and the contract.
Rent, deposits and other payments
Your written statement should explain how much rent is due, when it must be paid and how the landlord can propose an increase. Keep bank statements, receipts and messages showing payments. If you fall behind, contact the landlord promptly and ask whether an affordable repayment arrangement is possible.
For a private rented home, a landlord or agent must generally protect an occupation deposit in an authorised scheme and provide the required information. Ask for confirmation of where the deposit is protected. Disputes about deductions should be supported by photographs, inventories, invoices and correspondence.
Repairs, safety and access
Landlords have legal responsibilities for important repairs and safety standards, including many problems involving structure, installations and essential services. Tell the landlord about defects as soon as possible, preferably in writing, and describe the problem, its location and any effect on health or safety.
Keep copies of reports and record when the landlord was told. Photographs, videos and dated messages can show how a problem developed. A landlord will usually need to give reasonable notice before entering, except in an emergency or where the contract and law allow otherwise.
- Report repair problems promptly and explain if the issue affects heating, water, safety or habitability.
- Keep photographs, inspection reports, contractor visits and copies of every repair message.
- Ask for a suitable appointment when an inspection or repair visit is proposed.
Changing or ending the contract
Changes should normally be made in the way required by the written statement and the Renting Homes (Wales) Act. Ask the landlord to confirm proposed changes, the date they take effect and any right you have to object.
A landlord who wants possession must use the correct legal route and give the required notice. For example, a landlord may use form RHW20 for a no-fault notice under section 173 in circumstances where that route is available. A notice is not automatically an eviction: the landlord must follow the correct process, and a court order may be needed before a tenant can be made to leave.
If you want to leave, check the contract for the notice period and method of serving notice. Keep proof that your notice was delivered. Do not ignore a possession notice or court papers, because missing a deadline can limit your options.
Official forms and dispute routes
RHW20 landlord's notice
RHW20 is the prescribed form commonly used for a landlord's notice under section 173 of the Renting Homes (Wales) Act 2016. A tenant might receive it when a landlord seeks possession using the no-fault route. Check the dates, property details and service method, and obtain advice promptly if anything appears wrong.[3]
Residential Property Tribunal Wales application form
The Residential Property Tribunal Wales provides application forms for eligible housing disputes, including some disputes involving occupation contracts, rent and property conditions. There is not one universal form for every dispute, so use the form and guidance for the specific application. For example, a tenant challenging a relevant housing issue should gather the written statement, notices, photographs, payment records and correspondence before submitting the application.[4]
The tribunal cannot deal with every possession or rent dispute. Some matters belong in the county court, particularly where a landlord is seeking a possession order. The official tribunal guidance explains its jurisdiction and filing process.
Older tenancy laws and Welsh contracts
The Housing Act 1988 and Rent Act 1977 remain important legislation in England and Wales for certain older or different tenancy arrangements, but most modern Welsh private renting is governed by the Renting Homes (Wales) Act 2016. The correct legal framework depends on when and how your right to occupy began, the landlord type and the documents you were given.[5]
What to do if there is a problem
- Collect the written statement, rent records, notices, photographs and relevant messages.
- Write to the landlord clearly, explain the issue and request a specific remedy or response date.
- Record every deadline and respond to notices or tribunal correspondence within the stated time.
- Contact an official advice service or qualified adviser if the issue involves eviction, serious disrepair or a complex contract term.
FAQ
- What is an occupation contract in Wales?
- It is the legal agreement giving a person the right to live in a property and setting out the landlord's and contract-holder's rights and responsibilities.
- Must I receive a written statement?
- Most contract-holders should receive a written statement containing the main terms of their occupation contract, which should be kept as an important record.
- Can my landlord evict me immediately after sending a notice?
- No. A notice is not usually the same as an eviction, and the landlord must follow the correct legal process, which may include obtaining a court order.
- What should I do about serious repairs?
- Report the problem promptly in writing, keep evidence and seek advice if the landlord does not respond or the home may be unsafe.
How-To
- Gather your written statement, rent records, notices, photographs and messages.
- Compare the disputed action with the contract terms and official Welsh guidance.
- Write down every response deadline and keep proof of anything you send.
- Ask an official advice service or qualified adviser which complaint, tribunal or court route applies.
- Submit the correct application or response with supporting evidence before the deadline.
