Occupation Contract Wales 2026 — Complete Landlord Guide to the Renting Homes (Wales) Act 2016

Types of occupation contract — standard vs secure

The RHWA 2016 creates two main types of occupation contract. The type used by private landlords is the standard occupation contract:

• Standard occupation contract: The standard occupation contract is the equivalent of the former Assured Shorthold Tenancy for private landlords. It applies where a private landlord lets residential accommodation in Wales. It can be either a fixed-term standard contract (for a specified term, after which it converts to a periodic standard contract) or a periodic standard contract (runs from the start; no fixed end date). From 1 December 2022, all new private residential lettings in Wales must use occupation contracts — a private landlord who issues what they call an 'AST' for a Welsh property is in fact creating a standard occupation contract whether they intend to or not
• Secure occupation contract: The secure occupation contract is the equivalent of the former secure tenancy for social housing landlords (local authorities and registered social landlords). It provides greater security of tenure than the standard contract. Private landlords do not use secure occupation contracts
• Supported standard contract: A further type — the supported standard contract — applies to supported accommodation (where housing support services are provided alongside the accommodation). This type is used by supported housing providers. Standard landlords do not use this type
• Converted contracts (existing tenancies): All existing ASTs and other qualifying tenancies in Wales were automatically converted to occupation contracts on 1 December 2022. Landlords were required to provide a written statement of the converted contract to their existing occupiers by 1 June 2023. Landlords who failed to provide written statements to their existing occupiers by this deadline may have ongoing liability

Contract terms — fundamental, supplementary, and additional

The RHWA 2016 categorises contract terms into three types. Understanding which terms are mandatory and which can be varied or added is essential for drafting a compliant occupation contract:

• Fundamental terms: Set by the RHWA 2016 itself and by regulations made under the Act. Fundamental terms cannot be varied by the parties — any attempt to exclude, modify, or restrict a fundamental term is void. Fundamental terms include: the landlord's obligation to repair (RHWA 2016 s.91 — equivalent of LTA 1985 s.11 implied repairing covenants); the fitness for human habitation obligation; the landlord's obligation to provide the written statement; the occupier's right to peaceful enjoyment; the rules on deposit protection; the rules on possession grounds and notice periods. These terms apply automatically to all occupation contracts regardless of what the parties agree
• Supplementary terms: Standard default terms set out in the Renting Homes (Supplementary Provisions) (Wales) Regulations 2022. Supplementary terms apply automatically to all occupation contracts UNLESS the parties expressly vary or exclude them in the written statement. For example, the standard supplementary term on the landlord's right of entry for inspection (requiring 24 hours notice) can be varied by agreement. The written statement must clearly identify where supplementary terms have been varied
• Additional terms: Terms agreed between the landlord and occupier that are not fundamental or supplementary. Additional terms must be consistent with the fundamental and supplementary terms — they cannot conflict with or exclude fundamental terms. Common additional terms include: pet policy; smoking/vaping prohibition; specific garden maintenance obligations; parking arrangements. Additional terms must be included in the written statement to be enforceable
• Key difference from AST law: Under the former HA 1988 AST regime, the parties had greater freedom to include whatever terms they wished (subject to the Tenant Fees Act 2019 and unfair contract terms legislation). Under the RHWA 2016, the three-tier structure provides a clearer framework but also means that non-compliant terms — those that conflict 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 of the RHWA 2016 framework — the equivalent of the tenancy agreement under AST law, but with more specific statutory requirements:

• What is the written statement: The written statement is the formal document setting out all the terms of the occupation contract. It must include: the names and addresses of the landlord and occupier(s); the address of the property; the start date of the occupation; the rent and payment date; all fundamental, supplementary, and additional terms; and any variations to supplementary terms agreed by the parties. The Welsh Government has published model written statements that satisfy the statutory requirements
• Timing — 14 days from occupation start: The landlord must provide the written statement to the occupier within 14 days of the occupation date. If the written statement was provided before the occupation started (for example, provided at signing, before the move-in date), the 14-day obligation is satisfied. The obligation is to provide the written statement in hard copy or, if agreed, electronically
• Penalties for failure to provide written statement: Where the landlord fails to provide the written statement within 14 days, the occupier can make a complaint to the County Court. The court can award up to 2 months' rent as compensation to the occupier. Additionally, where the landlord has failed to provide the written statement, the landlord cannot use the no-fault possession ground (the equivalent of the former Section 21 ground) until the written statement has been provided AND a further period has expired. This creates a direct practical incentive for landlords to comply with the written statement obligation promptly
• Rent Smart Wales requirement: In addition to the written statement, Welsh landlords must be registered with Rent Smart Wales (landlord registration) AND, if they self-manage their properties (rather than using a licensed agent), must hold a Rent Smart Wales landlord licence. Operating without registration or a licence (where required) is a criminal offence. A landlord who is not registered with Rent Smart Wales cannot hold an occupation contract lawfully

Possession under RHWA 2016 — no-fault possession and grounds for possession

The RHWA 2016 includes a no-fault possession mechanism — the 'no fault' ground under RHWA 2016 s.173 — as well as a range of fault-based grounds equivalent to the former HA 1988 Schedule 2 grounds:

• No-fault possession (s.173): The no-fault possession ground under RHWA 2016 s.173 requires the landlord to give at least 6 months' notice (increased from 2 months in March 2023 as a temporary measure; confirmed permanently in Welsh legislation). The notice period for no-fault possession under RHWA 2016 is significantly longer than the former English s.21 notice (2 months). This is distinct from the English position under RRA 2025, which abolished no-fault possession in England entirely. No-fault possession remains available in Wales but only after a 6-month notice period and, for standard contracts, only after the first 6 months of the contract
• Pre-conditions for no-fault possession: The landlord cannot use s.173 no-fault possession unless: (a) the written statement has been provided to the occupier; (b) the deposit has been protected and prescribed information served; (c) the property has a current EPC (grade E or above in most cases); (d) a current Gas Safety Certificate has been provided; and (e) the How to Rent for Wales guide (or equivalent) has been provided. These preconditions mirror (and extend) the English prescribed information requirements for s.21 notices
• Fault-based grounds (Schedule 8): RHWA 2016 Schedule 8 lists the grounds for possession where the occupier is at fault. These include: serious rent arrears (mandatory ground where the occupier is 2 months in arrears at both notice and hearing stages); breach of contract; antisocial behaviour; domestic abuse (where the perpetrator occupier is removed); deterioration of the property. The grounds largely mirror the former HA 1988 Schedule 2 grounds adapted for the occupation contract framework
• Key Wales/England differences for landlords with properties in both jurisdictions: Welsh landlords must understand that: (1) no-fault possession requires 6 months' notice in Wales (England: abolished by RRA 2025); (2) occupation contract written statement must be provided within 14 days (England: no equivalent); (3) Rent Smart Wales registration/licensing is required in Wales (England: Property Portal registration under RRA 2025 when implemented); (4) Awaab's Law timescales that apply to English PRS landlords from May 2026 are implemented via Welsh legislation independently

Frequently asked questions