Occupation Contracts Wales: Landlord Guide 2026
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If you let residential property in Wales, the rules you work under are no longer the same as those south of the border. Since 1 December 2022, the Renting Homes (Wales) Act 2016 has reshaped how landlords and tenants (now known as contract-holders) deal with each other, replacing assured shorthold tenancies with occupation contracts and bringing in new duties around paperwork, property condition and ending agreements.
Whether you let out a single flat in Cardiff or manage a portfolio across Gwynedd, the changes affect almost every part of the landlord-tenant relationship. This guide walks through how occupation contracts work, what landlords are expected to do, and the practical points worth getting right from day one.
I'm Brad Askew, and I've put this together for anyone trying to make sense of the Welsh system without wading through the Act itself.
What this document is
An occupation contract is the legal agreement between a landlord and the person living in the property in Wales. It replaces the older tenancy arrangements most landlords used to work with and sits at the heart of the Renting Homes (Wales) Act 2016.
There are two main types: a standard contract, which most private landlords will use, and a secure contract, generally used by local authorities and community landlords. The standard contract can be periodic (rolling) or fixed term, and each version has its own set of rules around notice, possession and renewal.
Every occupation contract is made up of fundamental terms, supplementary terms and key matters such as the names of the parties, the address, the rent and the start date. The Welsh Government publishes model written statements that landlords can adapt, and contract-holders are entitled to receive their written statement within a set period after moving in. Missing that deadline can cost the landlord financially, so it's one of the first things to get right.
How to use this document
- Work out which contract type fits. Most private landlords in Wales will issue a standard occupation contract, either periodic or fixed term. Think about how long you want to commit for, whether you might want the property back at a specific point, and whether the contract-holder needs flexibility to leave early.
- Prepare the written statement. The written statement sets out the terms of the occupation contract in full. It should include the fundamental and supplementary terms, plus the key matters that identify the parties, the property and the rent. You can adapt the model written statement published by the Welsh Government rather than starting from scratch.
- Handle the deposit correctly. If you take a deposit, it needs to be placed in an approved tenancy deposit scheme within the statutory window, and the prescribed information must be given to the contract-holder. Failing to protect the deposit limits your ability to serve certain notices later, so this step matters more than it might seem.
- Keep the property up to standard. Landlords have a duty to ensure the property is fit for human habitation and to carry out repairs to the structure, exterior and key installations. Smoke alarms, carbon monoxide detectors and electrical safety checks all fall within this, and records of inspections and certificates should be kept.
- Follow the right process to end the contract. If you need possession back, there are strict rules on notice periods, notice forms and timing. Serving the wrong notice, or serving the right one too early, can set you back months. Check the required notice length for the ground you're relying on before sending anything.
Common questions
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Common questions
Q What is the difference between a tenancy and an occupation contract?
In Wales, the concept of a tenancy or licence for most residential lets has been replaced by the occupation contract under the Renting Homes (Wales) Act 2016. The person living in the property is called a contract-holder rather than a tenant. The underlying idea is similar, the terminology and the rules around notice, written statements and repairs have changed.
Q Do I have to use the model written statement?
No, you do not have to use the Welsh Government's model written statement word for word, but it is the safest starting point. It already includes the fundamental and supplementary terms set out in the Act. If you write your own version, you must make sure every required term is covered, because missing terms can be treated as included automatically.
Q How much notice do I need to give to end a periodic standard contract?
Notice requirements depend on the reason for ending the contract and when it started. A no-fault notice on a periodic standard contract generally requires a longer notice period than the old section 21 regime in England. Always check the current statutory minimum before serving, because serving a notice that is too short makes it invalid.
Q What happens if I give the written statement late?
If the written statement is not provided within the period set out in the Act, the contract-holder may be entitled to compensation calculated by reference to the rent. Late statements also affect when certain landlord notices can be served. It is worth issuing the written statement promptly rather than relying on delayed compliance.
Q Are fees on contract-holders restricted?
Yes. The Renting Homes (Fees etc.) (Wales) Act restricts what landlords and letting agents can charge. Rent, refundable deposits, holding deposits within limits and certain default payments are generally permitted, while most other upfront or ongoing fees are prohibited. Check the current rules before asking for any payment beyond rent and deposit.
Q Does the Act apply to lets that started before 1 December 2022?
Yes. Existing tenancies in the private rented sector were converted into occupation contracts on the implementation date. Landlords were required to issue converted contract-holders with a written statement of the new contract within a set period after conversion. If that was missed, it is worth addressing as soon as possible.
Q Do I still need gas and electrical safety certificates?
Yes. Gas safety and electrical safety obligations continue to apply alongside the Renting Homes (Wales) Act's fitness for human habitation requirements. Keeping current certificates and evidence of testing is part of meeting your duties as a landlord in Wales and helps if any dispute about property condition arises later.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- LegislationRenting Homes (Wales) Act 2016legislation.gov.uk
- Official SourceWelsh Government: Renting Homes guidancegov.wales
- Official SourceWelsh Government: model written statementsgov.wales
Legal helpline
Unsure how the Welsh rules apply to your let?
Occupation contracts, deposits and notice periods in Wales work differently to the system in England, and getting a detail wrong can cost you time and money. An experienced legal adviser can talk through your specific situation on the phone and help you think about what to do next based on what you describe.
- Plain-English answers to your specific questions about occupation contracts
- Practical perspective on notice and possession based on what you describe
- What to watch out for when preparing or issuing a written statement
- Clarity on your next steps as a landlord in Wales
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.