Updating a Tenancy Agreement in Wales: Guide for Renters

If you’re renting a home in Wales, you might find that your tenancy agreement needs updating from time to time. This could be due to changes in the rent, people moving in or out, or simply needing to make sure the terms reflect your current living situation. In Wales, tenancy agreements are shaped by unique laws introduced in recent years, protecting both renters and landlords. Understanding the process will help ensure your rights are respected and any updates are done legally.

When Might a Tenancy Agreement Need Updating?

Your tenancy agreement should accurately reflect your living conditions, responsibilities, and rights. Common reasons for updating include:

• Rent increases or decreases
• Additional tenants joining (or someone moving out)
• Changes to allowed pets or other property rules
• Adjustments to notice periods or procedures
• Renewal of a fixed term

There are specific legal steps in Wales for making these changes, depending on your agreement type.

Understanding Tenancy Types in Wales

The law on renting in Wales changed in December 2022 under the Renting Homes (Wales) Act 2016^[1]. Most renters now have what’s called an "occupation contract" instead of a traditional tenancy.

• Secure occupation contract: Typically used for social housing
• Standard occupation contract: Most private renters

To make any change to your agreement, you and your landlord must follow the steps set out in this law.

How Can You Update a Tenancy Agreement?

In Wales, updating your tenancy (occupation contract) is usually called making a "variation." Variations can be agreed upon or, in some cases, imposed by the landlord after following the correct legal process.

Agreed Variations

• Both renter and landlord discuss the change (for example, adding a new housemate).
• If everyone agrees, the change should be put in writing and signed by both parties.

• The landlord must provide you with a written statement of the variation within 14 days.
• This ensures you always have an up-to-date occupation contract reflecting the changes.

Landlord-Initiated (Imposed) Variations

For certain terms, like rent increases, your landlord can propose a change even if you don’t agree. They must:

• Use the correct formal notice (see below)
• Give you enough advance warning (usually at least two months for rent changes)
• Follow all rules in the Renting Homes (Wales) Act 2016

Official Forms: Varying the Contract

• RHW2 – Notice of Variation of a Periodic Standard Contract
  • Use: When your landlord wishes to change the rent or another permitted term of a periodic standard occupation contract.
  • How: The landlord must serve this form and give you at least two months’ notice before the new rent or term applies.
  • Example: If your rent is increasing, your landlord will send an RHW2 form.
  • View RHW2 on the Welsh Government website
• Written Statement of Variation
  • Use: For any change that both the renter and landlord agree to.
  • How: Landlord must provide a written statement of the varied term within 14 days.
  • Example: If you and your landlord agree to allow a pet, they should provide a written update reflecting this.
  • See model written statement guidance

Not all changes can be made at the landlord’s sole discretion. Some fixed terms and "fundamental terms" cannot be changed unilaterally.

What If You Don’t Agree to the Change?

If you don’t agree with a proposed change, such as a rent increase, you can:

• Discuss concerns with your landlord and try to negotiate
• Contact Rent Smart Wales or your local council for advice
• Challenge some changes legally (for example, appeals on rent increases)

Disputes over tenancy agreement changes in Wales can be resolved by the Residential Property Tribunal Wales, an independent body that decides on certain housing issues.

Key Steps: How to Update a Tenancy Agreement

• Talk with your landlord about the change you want (or they propose).
• If agreed, sign a written statement of variation together.
• For rent or key term changes, make sure your landlord uses the correct notice form and gives enough warning.
• Keep all paperwork – including updated contract copies and any notices served.
• If you disagree with a change, seek advice early and know your rights to appeal or challenge.

Summing up, always make sure changes are clear, legal, and well-documented to protect your tenancy rights in Wales.

Frequently Asked Questions: Updating Tenancy Agreements in Wales

1. Can my landlord change the tenancy terms without my agreement?
   Some terms, like rent or certain periodic terms, can be changed by your landlord, but they must serve you the right formal notice (like RHW2) and follow legal procedures. Most other changes require your agreement.
2. What should I do if I didn't get a written statement of the change?
   Ask your landlord for the written statement immediately. This document is your official record of the update—required by law for any agreed variation.
3. How much notice must my landlord give for a rent increase?
   Your landlord must give at least two months' advance notice and use the correct form (RHW2) for all rent changes on a periodic contract.
4. Where can I challenge a change I don’t think is fair?
   Disputes can be taken to the Residential Property Tribunal Wales, which resolves issues between renters and landlords.
5. Do I need to pay a fee to update my tenancy agreement?
   There's no legal fee for a simple update, but if the process involves a dispute sent to a tribunal, fees may apply. Check with the Residential Property Tribunal Wales for details.

Need Help? Resources for Renters

• Welsh Government: Housing advice and policy
• Rent Smart Wales: Registering and renting guidance
• Shelter Cymru: Free support for renters
• Residential Property Tribunal Wales (for tenancy disputes)

1. Renting Homes (Wales) Act 2016