Understanding Your Rights as a Renter Couple in Wales

Living with a partner in a rented property in Wales brings several important legal considerations. This guide explains your rights as a couple, whether you're both named on the tenancy, living as unmarried partners, or dealing with changes in your relationship. All advice is based on current Welsh law and official government guidance, to help you make informed decisions about your home.

Key Tenancy Types for Couples in Wales

Since the introduction of the Renting Homes (Wales) Act 2016^[1], most private and social renters in Wales have an 'occupation contract' rather than a traditional tenancy agreement. For couples, these contracts can be held in several ways:

• Joint contract-holders: Both partners are named equally on the contract and share rights and responsibilities.
• Sole contract-holder: Only one partner is named; the other has fewer legal protections.
• Sub-tenants or licensees: One partner may allow the other to live there, but legal protections are limited unless added to the contract.

If you’re unsure which arrangement applies, check your written contract or ask your landlord for clarification.

Joint Contract-Holder Rights

When both partners are named as contract-holders, you share equal rights to live in the property and are both responsible for rent and other obligations. If one partner wishes to leave, they must follow the correct notice procedure outlined in the Welsh Government’s contract-holder guidance.

Sole Contract-Holder Situations

If only one partner is named, the other does not automatically have the right to remain if the contract-holder leaves or passes away. However, certain legal protections apply—especially in cases of long-term cohabitation or family relationships.

What Happens if the Relationship Changes?

Relationship changes—such as a breakup or the death of one partner—can affect your rights to stay in your home.

• Ending a relationship: You may need to transfer the occupation contract to one partner or remove a name. This often requires landlord consent and the use of official forms.
• If a contract-holder dies: The surviving partner may be able to take over the contract through a process called succession (inheritance of tenancy rights). Eligibility depends on your circumstances and length of cohabitation. Social landlords have specific procedures for this.

Key Official Forms for Renters in Wales

• RHW21 – Notice by contract-holder to end contract
  Use this if you’re a contract-holder and wish to end a periodic standard occupation contract.
  Example: If you and your partner are joint contract-holders but wish to move out, you both must give notice—either separately or together.
  Access RHW21 and other official forms here.
• Succession application (social housing)
  If your partner dies and you wish to take over the contract, contact your landlord or social housing provider promptly. Many councils have their own forms for succession applications.
  Read Welsh Government’s guide to succession here.

Eviction and Notice Periods for Couples

Both joint and sole contract-holders have legal protection from unfair eviction under the Renting Homes (Wales) Act 2016. Landlords must follow formal procedures and give proper notice. In most cases, this means providing a minimum of six months’ notice (Section 173 notice) unless there are breaches of contract.

If you receive a notice or are threatened with eviction, you can challenge or seek advice from Rent Smart Wales or your local housing team.

Transferring, Adding, or Removing a Partner on the Contract

Sometimes, you may want to add your partner to your occupation contract or remove them. This is done with your landlord’s agreement. There is no single statutory form for this; it involves notifying the landlord and, often, signing a written variation or new contract.

• Contact your landlord or letting agent
• Explain your circumstances (e.g., new partner moving in)
• Request to amend the contract in writing

Your landlord cannot refuse reasonable requests without good cause, but may carry out checks or request references. Full details are in the Welsh Government guide for contract-holders.

Who Handles Disputes and Tribunal Cases?

The Residential Property Tribunal Wales hears disputes about residential occupation contracts, including succession and notice issues. This tribunal is impartial and can resolve disagreements between landlords and contract-holders.

FAQ: Tenancy Rights for Couples in Wales

1. Do unmarried couples have the same tenancy rights as married couples in Wales?
   Unmarried couples have similar rights if they are named as joint contract-holders. However, if only one partner is named, the other may have limited rights. Always check your occupation contract and seek advice if in doubt.
2. What is succession, and can my partner inherit my tenancy?
   Succession is the legal right to take over an occupation contract if a contract-holder dies. In Wales, partners (including unmarried) may qualify for succession based on their relationship duration and living arrangements. Check with your landlord and refer to official guidance for your situation.
3. How do we remove a partner from our tenancy agreement?
   If a relationship ends, speak with your landlord about formally amending your occupation contract. You may need to give written notice and sign new agreements. Always keep copies of all correspondence.
4. Do both partners have to agree to end the tenancy?
   For joint contract-holders, both generally need to give notice. For sole contract-holders, the named individual can end the agreement, but this may affect the other partner’s right to stay.
5. Who can I contact if my landlord refuses a succession or tenancy change?
   You can approach the Residential Property Tribunal Wales or seek free advice from Shelter Cymru or your local council for support and possible legal action.

Need Help? Resources for Renters

• Renting Homes (Wales) Act official government hub
• Shelter Cymru: Free confidential tenancy advice
• Residential Property Tribunal Wales: Dispute resolution
• Rent Smart Wales: Landlord and tenant support

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1. [1] Renting Homes (Wales) Act 2016
2. Welsh Government Guidance for Contract-Holders
3. Residential Property Tribunal Wales
4. Official Guidance on Succession

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