Since the implementation of the Renting Homes (Wales) Act 2016 on 1 December 2022, traditional Assured Shorthold Tenancies (ASTs) have been abolished in Wales. All new and existing tenancies have transitioned to a unified framework of Occupation Contracts.

Under this regime, tenants are legally defined as Contract-Holders, and the primary governing document is the Written Statement of the occupation contract.

The Written Statement: The Ultimate Leasing Document

A private landlord in Wales must provide a written statement of the occupation contract (usually a Standard Occupation Contract) that complies with the statutory requirements set out in Section 30 of the Act.

The 14-Day Deadline (Section 31)

The landlord is legally required under Section 31 to provide the Written Statement within 14 days of the "effective date" (the date the contract-holder is entitled to begin occupying the property).

If a landlord fails to provide the statement within this window, the contract-holder is entitled to statutory compensation under Section 35, equivalent to one day's rent for every day of delay, capped at two months' rent.

Required Elements of the Written Statement (Section 30)

The Welsh Government, via the Renting Homes (Model Written Statements of Contract) (Wales) Regulations 2022, mandates four specific tiers of terms:

1. Key Matters (Section 26)

Basic factual information including:

• Names of all parties.
• The property address.
• Rent amount and payment frequency.
• The start date of the contract.

2. Fundamental Terms (Sections 18-22)

Core statutory rights that cover critical areas such as repair obligations (Section 91), fitness for human habitation, and eviction procedures.

• Alteration: Most Fundamental Terms cannot be omitted or modified unless the change benefits the contract-holder.

3. Supplementary Terms (Sections 23-25)

Practical provisions for property management, such as notifying the landlord of absences exceeding 28 days.

• Alteration: These can be modified or omitted by agreement, but if omitted, the default terms from the Model Statement apply automatically.

4. Additional Terms (Section 28)

Customized clauses specific to the tenancy, such as pet policies or smoking restrictions.

• Validity: These must not conflict with any Fundamental or Supplementary terms, nor breach consumer protection law.

Rent Smart Wales Licensing

Under the Housing (Wales) Act 2014, all landlords in Wales must be registered with Rent Smart Wales. Landlords who manage their own properties must also be licensed, which requires attending approved training.

An unlicensed landlord commits a criminal offense and is legally barred from serving a "no-fault" possession notice (Section 173 notice) to end an occupation contract.

See our Required DisclosuresPreview unavailable guide for the other mandatory documents that must accompany the Written Statement.

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