Types of occupation contract — standard vs secure
The RHWA 2016 creates two main types of occupation contract. Private landlords use the standard occupation contract.
- Standard occupation contract: equivalent of former AST; applies to all new private residential lettings in Wales from 1 December 2022; can be fixed-term or periodic
- Secure occupation contract: equivalent of former secure tenancy for social housing landlords (local authorities and RSLs); private landlords do not use this type
- Supported standard contract: for supported accommodation where housing support services are provided alongside the accommodation
- Converted contracts: all existing ASTs in Wales were automatically converted to occupation contracts on 1 December 2022; written statements for existing contracts were due by 1 June 2023
Contract terms — fundamental, supplementary, and additional
RHWA 2016 categorises contract terms into three tiers: fundamental (mandatory; cannot be excluded); supplementary (default; can be varied by written agreement); additional (landlord-created; must not conflict with fundamental terms).
- Fundamental terms: set by RHWA 2016 and regulations; include landlord repair obligations (s.91), fitness for human habitation, deposit protection rules, possession grounds and notice periods; cannot be varied
- Supplementary terms: statutory defaults set out in the Renting Homes (Supplementary Provisions) (Wales) Regulations 2022; can be varied or excluded by written agreement in the written statement
- Additional terms: agreed between landlord and occupier; must not conflict with fundamental terms; common examples — pet policy, smoking prohibition, parking arrangements
- Non-compliant terms (those conflicting with fundamental terms) are automatically void regardless of what the written statement says
The written statement — obligation, content, and penalties for failure
The written statement is the central document under RHWA 2016 — the equivalent of the tenancy agreement but with specific statutory requirements. The landlord must provide it within 14 days of the occupation date.
- Content: names/addresses of landlord and occupier(s); property address; start date; rent and payment date; all fundamental, supplementary, and additional terms; any supplementary term variations
- Timing: 14 days from occupation date; may be provided before occupation start (satisfies obligation); hard copy or electronic if agreed
- Penalty for failure: up to 2 months' rent awarded by County Court; no-fault possession ground (s.173) cannot be used until written statement provided and further period expires
- Rent Smart Wales: all Welsh landlords must register; self-managing landlords must also hold a Rent Smart Wales licence; operating without registration or licence is a criminal offence
Possession under RHWA 2016 — no-fault possession and grounds for possession
No-fault possession remains available in Wales under RHWA 2016 s.173 but requires 6 months' notice — unlike England where no-fault possession was abolished by RRA 2025.
- No-fault possession (s.173): 6 months minimum notice; only after first 6 months of contract; requires written statement provided, deposit protected, EPC and Gas Safety Certificate provided
- Fault-based grounds (Schedule 8): serious rent arrears (mandatory); breach of contract; antisocial behaviour; domestic abuse; deterioration of property — largely mirror former HA 1988 Schedule 2
- Key Wales/England difference: no-fault possession requires 6 months notice in Wales vs abolished in England under RRA 2025
- Cross-border landlords: Welsh properties are governed by RHWA 2016; English properties by HA 1988 as amended by RRA 2025 — the two regimes must be managed separately