Understanding Secure Tenancies in Wales: Your Rights Explained

If you rent from a local council or housing association in Wales, your tenancy agreement could be a "secure tenancy". This type of tenancy offers strong rights and protections, especially regarding eviction and rent increases. Knowing your rights as a secure tenant in Wales can help you feel more confident and secure in your home.

What Is a Secure Tenancy?

A secure tenancy is a long-term agreement given by local councils and some housing associations in Wales. It is designed to give tenants stability, with greater security than most private rented agreements. Secure tenants typically have the right to live in their home for life unless the landlord has legal grounds to evict.

Who Can Have a Secure Tenancy?

• Local council tenants: Most renters housed by Welsh councils are secure tenants.
• Some housing association tenants: You may have a similar agreement called an assured or assured shorthold tenancy, but secure tenancies mainly come from councils.
• Homes rented before December 2022: Note that under the Renting Homes (Wales) Act 2016 and its implementation, many tenancies are now "secure contracts"—see below.

Since 1 December 2022, the Renting Homes (Wales) Act 2016 updated the law. Existing council tenants generally transitioned to “secure contract-holders,” but many protections remain the same or even improved.^[1]

Your Main Rights as a Secure Tenant

• The right to live in your home unless the landlord gets a court order to evict you
• Protection against eviction except for specific legal reasons
• The right to have repairs carried out by your landlord
• The right to take in lodgers or sublet part of your home (with written consent)
• The ability to apply to transfer your tenancy or exchange with another social tenant
• Security of tenure—your agreement usually does not end unless you leave voluntarily or are evicted following the correct process

When Can You Be Evicted?

Your landlord must follow the law to evict you. This usually means:

• Giving you proper written notice
• Applying to the court for an eviction order if you do not leave

The most common reasons for eviction (“grounds”) include rent arrears, anti-social behaviour, or breaching your agreement. For full details, see the Renting Homes (Wales) Act 2016.

Official Forms You Might Encounter

• Landlord’s Notice (RHW17 or RHW20):
  • Used when the landlord wants to end your secure contract or seek possession.
  • For example, if you have rent arrears, you might receive a RH notice stating the date your contract is to end.
  • Find all official Welsh Renting Homes forms on the Welsh Government’s Renting Homes: forms page.
• Possession Claim Form (N5W):
  • Used by landlords to start court proceedings for possession.
  • If you receive a court notice, it's usually this form or a related document.
  • Full guidance is on GOV.UK: Form N5W.
• Notice of Rent Increase (RHW12):
  • Landlords must use this form to raise rent under a secure contract.
  • RHW12 informs you of changes and gives you at least two months' notice.
  • See official Welsh tenancy forms.

How to Challenge a Rent Increase or Eviction in Wales

If you disagree with a rent increase or eviction notice, you may be able to challenge it. The official disputes for tenants and landlords in Wales are managed by the County Court (for possession) and the Residential Property Tribunal Wales (for rent disputes).^[2]

• Challenging an eviction: Defend yourself at court using the details in the claim form. Explain your circumstances and raise any legal issues.
• Challenging a rent increase: You can ask the tribunal to review your rent if you feel it is unfair. Apply within the deadline after receiving an RHW12 notice.

Always keep copies of all forms, letters, and agreements, and seek advice from housing support services if you are unsure.

Legislation Covering Secure Tenancies in Wales

The main legislation affecting secure tenancies is the Renting Homes (Wales) Act 2016. Previously, secure tenancies were governed by the Housing Act 1985, but most rules now fall under the new Act (as of December 2022).

1. What does it mean to have a secure tenancy in Wales?
   A secure tenancy (now called a secure contract) gives you long-term rights, strong protection from eviction, and a clear process for rent changes. You are usually only at risk of losing your home if your landlord can prove a legal ground for possession.
2. Can my landlord evict me from a secure tenancy without notice?
   No. Your landlord must provide a written notice—usually using an official form—and get a court order before evicting a secure tenant in Wales.
3. How much notice must I get before a rent increase?
   Your landlord must give at least two months’ written notice using the official Notice of Rent Increase (RHW12).
4. Where can I challenge a rent increase or eviction?
   Rent increases can be challenged at the Residential Property Tribunal Wales, while eviction cases go to the County Court.
5. Can I add someone to my tenancy or transfer it?
   Yes, in many cases, but you will usually need your landlord’s written permission to add a joint tenant or transfer (assign) your tenancy. Always request changes in writing.

Need Help? Resources for Renters in Wales

• Shelter Cymru Advice – Free, confidential advice for renters and tenants
• Welsh Government: Housing – Official policy, guidance, and forms
• Residential Property Tribunal Wales – For challenging rent increases and some tenancy disputes
• Wales County Court – For eviction or possession proceedings

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1. The Renting Homes (Wales) Act 2016 and amendments: Renting Homes (Wales) Act 2016
2. Official tenancy dispute forums: Residential Property Tribunal Wales; County Court for Wales

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