Occupation Contracts in Wales: Your Rights as a Contract-Holder

An occupation contract is the legal agreement between you and your landlord that governs your right to live in a property in Wales. It replaced the assured shorthold tenancy, assured tenancy, and secure tenancy previously used in Wales for essentially all lettings from 1 December 2022, when the Renting Homes (Wales) Act 2016 (RH(W)A 2016) came fully into force. Tenancies that were running on that date were converted into occupation contracts automatically — you did not need to sign anything new for the conversion to take effect.

This is not simply a change of name. The Act rebuilt the underlying framework: the terms that apply to your contract, the notices a landlord must use to end it, and the paperwork a landlord must give you are all set out in the RH(W)A 2016 rather than in the pre-2022 tenancy law that still applies in England.

Under the RH(W)A 2016, the person who has the right to occupy the property is called a contract-holder, not a tenant. Where you see "tenancy" in older guidance about Wales, or in guidance written for England, read it as "occupation contract"; where you see "tenant", read it as "contract-holder".

The change in terminology matters because contract-holder is the term used throughout the Act's provisions on notices, written statements, and the ending of contracts. If you contact your landlord, Rent Smart Wales, or a court about your occupation contract, using the correct terms will help make sure you are pointed to the right process.

The RH(W)A 2016 creates two main kinds of occupation contract:

• Secure contracts — typically used by community landlords, such as local authorities and housing associations, and carrying the strongest security of occupation.
• Standard contracts — typically used by private landlords, and the kind most private renters in Wales will hold.

Standard contracts can be periodic (rolling, with no fixed end date) or for a fixed term. The route a landlord must use to end a standard contract without giving a fault-based reason — a notice under section 173 of the Act — applies specifically to periodic standard contracts. See our separate guide on section 173 notices for how that notice works and the minimum notice periods involved.

Exactly which category your contract falls into depends on details of your landlord and your agreement. If you are unsure, Welsh Government guidance at gov.wales sets out the categories in full, or you can ask Citizens Advice or Shelter to check your paperwork.

Under section 31(1) of the RH(W)A 2016, your landlord must give you a written statement of your contract within 14 days starting with your occupation date (the day your right to occupy began). This written statement should set out the full terms of your occupation contract.

Section 31(3) makes clear that your landlord cannot charge you a fee for this first written statement — it is a right, not a paid service.

Under section 31(4)–(6), you can ask your landlord for a further written statement at any time during the contract — for example, if you have lost your copy. For this further copy, the landlord may charge you a reasonable fee, but must still provide it within 14 days of your request.

If your landlord has not given you a written statement, this does not stop your occupation contract from existing or being enforceable — the underlying contract exists from your occupation date regardless. But the written statement is important evidence of what was agreed, so it is worth asking for one in writing (for example, by email) if you have not received it.

Occupation contracts are built from different kinds of term set out in the RH(W)A 2016:

• Key matters — the core details specific to your contract, such as the names of the parties, the address, the rent, and the occupation date.
• Fundamental terms — provisions the Act writes into every contract of that type, most of which cannot be varied or excluded by agreement between you and your landlord. The section 173 notice procedure, for example, is a fundamental provision incorporated into all periodic standard contracts under section 173(2).
• Supplementary terms — default terms the Act supplies, which you and your landlord can vary or remove by agreement in some cases.

Because fundamental terms cannot generally be removed by agreement, a clause in your written statement that tries to strip out a fundamental protection is very unlikely to be enforceable, whether or not you signed it.

Separately from the RH(W)A 2016, landlords who let property in Wales must register with Rent Smart Wales, and anyone carrying out letting or property management work must hold a Rent Smart Wales licence, under Part 1 of the Housing (Wales) Act 2014. You can check whether your landlord or agent is registered or licensed via Rent Smart Wales.

Rent Smart Wales registration and licensing sit alongside your rights under the RH(W)A 2016 — they do not change what kind of occupation contract you have, but they are a useful way to check who you are dealing with and to raise a concern about a landlord's or agent's conduct.