Your Rights with Joint and Sole Tenancies in Wales

Whether you’re renting with others or living alone, understanding your tenancy type is key to protecting your rights. In Wales, the difference between joint and sole tenancies affects everything — from who is responsible for rent, to how changes in your home are handled. Knowing the legal protections under the Renting Homes (Wales) Act 2016 ensures you're prepared for issues like rent changes, ending agreements, or disputes.

Understanding Joint and Sole Tenancies in Wales

The majority of private and social renters in Wales have either a joint tenancy (where two or more people share tenancy rights and responsibilities) or a sole tenancy (where only one person is named as the contract-holder). Since December 2022, all standard occupation contracts in Wales are governed by the Renting Homes (Wales) Act 2016^[1].

What is a Sole Tenancy?

With a sole tenancy, the named contract-holder is the only legal occupant with rights and duties relating to:

• Rent payments
• Responsibility for following the terms of the contract
• Receiving notices or communications from the landlord

If a sole tenant wants to end the contract or make significant changes (like adding another occupant as a joint contract-holder), they must follow the correct legal process. For practical guidance, see the steps below for adding or changing contract-holders.

What is a Joint Tenancy?

Joint tenancies (or contracts in Wales) involve two or more people sharing equal rights and responsibilities. All joint contract-holders:

• Are individually and collectively responsible for rent payments and all terms agreed with the landlord
• Hold equal rights to live in the property
• Must all agree to end the contract (unless a contract-holder uses the formal process to leave)
• Can sometimes add or remove joint contract-holders by agreement and with landlord’s consent under the current law

If one joint contract-holder chooses to leave, the others may remain. Under the Renting Homes (Wales) Act, a joint contract-holder can withdraw without ending the contract for the others, following the right notice process (see below).

Key Differences: Joint vs. Sole Tenancy Rights

• Responsibility for Rent: All joint tenants are fully responsible – if one fails to pay, the others can be required to cover the shortfall.
• Eviction: Action by the landlord (like ending the occupation contract) will usually affect all named people.
• Ending the Contract: On a joint contract, all named contract-holders typically need to agree to end it, or use the withdrawal process. With a sole contract-holder, just that individual gives notice.

If you're unsure of your status, always ask for a written copy of your occupation contract and check whose names appear on it. This determines your rights and next steps!

Official Welsh Government Forms: What You May Need

As a renter in Wales, the main process and forms you'll use around joint and sole tenancies include:

• Written Statement of Occupation Contract
  When used: Your landlord must provide a written statement of your occupation contract within 14 days of your agreement starting. This confirms whether it is joint or sole.
  Official template and guidance: Model Written Statements (Welsh Government)
• Withdrawal Notice by Joint Contract-Holder
  When used: Lets a named joint contract-holder formally withdraw without ending the contract for others. For example, if three housemates signed together and one wants to leave, they can serve this notice.
  Where to start: See Guidance: Leaving a Joint Contract (Welsh Government)
• Request to Substitute a Joint Contract-Holder
  When used: Used if you want to swap a joint contract-holder (such as replacing a housemate). Requires landlord approval and may need you to complete a written request — check your agreement.
  Official guide: Succeeding or Replacing Contract-Holder Guidance

If your landlord doesn’t provide the correct paperwork or is unresponsive, you can escalate your concerns. See official guidance on tenant rights and repairs in Wales.

Which Tribunal Handles Disputes?

Disputes over occupation contracts in Wales are handled by the Residential Property Tribunal Wales. This tribunal considers issues such as unlawful eviction, deposit disputes, and contract disagreements. If you have a serious dispute with your landlord or need to appeal a decision, this is the official route.

Relevant Legislation: Renting Homes (Wales) Act 2016

The main law for renters’ rights and landlord-tenant relationships in Wales is the Renting Homes (Wales) Act 2016. It covers contract creation, ending contracts, succession, withdrawals, and all basic and additional terms^[1].

Steps if Your Joint or Sole Tenancy Situation Changes

Sometimes your household changes — for example, a joint renter moves out, or you wish to add someone else. Here’s what to do:

• Review your written occupation contract for the process and required notice
• Discuss plans with your landlord; formal approval is usually needed for changes
• Complete the applicable official forms or written notices
• Keep a record of all communications and signed paperwork
• If any disagreement or problem arises, consider contacting Shelter Cymru or the Residential Property Tribunal Wales

FAQ: Joint and Sole Occupation Contracts in Wales

1. Can a joint contract-holder in Wales leave without ending the whole contract?
   Yes. Under the Renting Homes (Wales) Act 2016, a joint contract-holder can serve a withdrawal notice. The contract will continue for the remaining holders if the correct process is followed.
2. What happens if a sole contract-holder leaves or dies?
   If a sole contract-holder leaves, they must follow the proper notice process. If the contract-holder dies, there may be a right of succession for certain family members – check official government succession rules.
3. Do joint contract-holders all need to sign an end-of-contract notice?
   Generally, yes. To end a joint contract, all holders must agree and sign, unless a withdrawal is made by one party as per the law.
4. Can I add a new joint contract-holder to my tenancy?
   Possibly. You’ll need landlord approval, and the new contract-holder must be added formally. Use the guidance on replacing contract-holders in Wales.
5. Who do I contact if my landlord won’t agree to reasonable changes?
   If communication breaks down, seek early help from Shelter Cymru or escalate to the Residential Property Tribunal Wales.

Key Takeaways: Your Rights as a Renter

• Joint and sole tenancies are governed by the Renting Homes (Wales) Act 2016, which protects your basic rights.
• Changing who lives in your rental home usually requires your landlord’s written agreement and the correct official procedure.
• Always keep written records and seek formal advice if you run into any difficulties or disagreements.

Understanding your type of occupation contract is vital to getting the right protection and advice for your situation.

Need Help? Resources for Renters

• Renting Homes: Guide for Contract-Holders (Welsh Government)
• Shelter Cymru: Expert free advice for all Welsh renters
• Residential Property Tribunal Wales: For formal contract disputes or appeals
• UK Government: Tenant Rights Guidance

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1. Renting Homes (Wales) Act 2016 — see full text on legislation.gov.uk

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