Landlord Guide to Renting in Wales

The Renting Homes (Wales) Act 2016 replaced tenancies and licences with 'Occupation Contracts'. Private landlords grant Standard Occupation Contracts (equivalent to the former AST), while community landlords grant Secure Contracts. The Act requires a written statement of the contract to be issued within 14 days.

• Private-sector tenancies are now Standard Occupation Contracts under the Renting Homes (Wales) Act 2016
• A written statement of the occupation contract must be given to the contract-holder within 14 days of occupation (2016 Act, s. 31)
• The contract incorporates fundamental terms (set by law and cannot be removed), supplementary terms (can be omitted or varied), and additional terms (freely agreed)
• If the landlord fails to provide a written statement, they cannot give a section 173 no-fault notice until 6 months after the statement is provided (2016 Act, s. 39)

Deposit protection requirements in Wales mirror those in England: deposits must be protected in a government-approved scheme within 30 days. The Renting Homes (Wales) Act 2016 incorporates these requirements into the occupation contract framework.

• Deposits must be protected in an approved scheme within 30 days of receipt (Renting Homes (Wales) Act 2016, s. 45; Housing Act 2004, ss. 212–215 as applied to Wales)
• Approved schemes: Deposit Protection Service (DPS), MyDeposits, and Tenancy Deposit Scheme (TDS)
• Prescribed information about the deposit and the scheme must be served on the contract-holder within 30 days
• Failure to protect the deposit prevents the landlord from serving a valid section 173 no-fault possession notice and may result in a penalty of 1–3 times the deposit

Welsh landlords have specific registration, licensing, and disclosure obligations. All private landlords in Wales must be registered with Rent Smart Wales, and anyone carrying out letting or management activities must hold a licence.

• Landlord registration and agent licensing with Rent Smart Wales is mandatory (Housing (Wales) Act 2014, Part 1)
• A valid Energy Performance Certificate (EPC) rated E or above (Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015)
• An annual Gas Safety Certificate (CP12) (Gas Safety (Installation and Use) Regulations 1998)
• An Electrical Installation Condition Report (EICR) dated within the last 5 years (Renting Homes (Electrical Safety) (Wales) Regulations 2022)
• The written statement of the occupation contract must be provided within 14 days (2016 Act, s. 31)

Rent amounts are freely negotiable between landlord and contract-holder. Wales does not currently have rent controls, although the Renting Homes (Wales) Act 2016 provides a framework for dealing with rent-related disputes.

• The written statement must specify the rent amount, payment intervals, and payment method
• Prohibited payments under the Renting Homes (Fees etc.) (Wales) Act 2019 include most fees and charges beyond rent, security deposits (capped), and holding deposits
• Holding deposits are capped at one week's rent (Renting Homes (Fees etc.) (Wales) Act 2019)

The Renting Homes (Wales) Act 2016 substantially strengthens repair and fitness obligations. Landlords must ensure the dwelling is fit for human habitation at the start of and throughout the occupation contract.

• The dwelling must be fit for human habitation at the start of and throughout the contract (2016 Act, s. 91)
• Landlords must keep the structure, exterior, and service installations in repair (2016 Act, s. 92—incorporating Landlord and Tenant Act 1985, s. 11 obligations)
• The Welsh Housing Quality Standard (WHQS) applies to social housing; the private sector must meet the fitness-for-habitation standard
• Contract-holders can apply to the county court if the landlord breaches repair obligations

Under the Renting Homes (Wales) Act 2016, the landlord may enter the dwelling to inspect its condition or carry out repairs, but must give reasonable notice. The supplementary terms of a standard occupation contract typically require at least 24 hours' notice.

• Give at least 24 hours' written notice for routine inspections or non-emergency repairs
• Entry must be at a reasonable time and with the contract-holder's knowledge
• Emergency access is permitted without notice to prevent damage or danger to the property or occupants
• Harassment or illegal eviction is a criminal offence under the Protection from Eviction Act 1977 (as applied in Wales)

Rent may be increased during a standard occupation contract by giving the contract-holder at least 2 months' notice in writing. Increases cannot take effect during the first 12 months of the contract and may only occur once per year afterward.

• The landlord must give at least 2 months' written notice of a rent increase (Renting Homes (Wales) Act 2016, s. 123)
• Rent cannot be increased during the first 12 months of the contract, and only once in any subsequent 12-month period
• The contract-holder can apply to the Residential Property Tribunal Wales to challenge an excessive increase
• There is no statutory cap on rent increases; the Tribunal assesses the market rent for the property

The Renting Homes (Wales) Act 2016 sets out notice requirements for ending standard occupation contracts. A no-fault notice (section 173) requires 6 months' notice and cannot be served within the first 6 months of occupation.

• Section 173 no-fault notice: at least 6 months' notice; cannot be served within the first 6 months of the contract (2016 Act, s. 173)
• Section 181 breach-based notice: at least 1 month's notice for serious rent arrears; at least 14 days for anti-social behaviour or other serious breaches (2016 Act, s. 181–186)
• Contract-holder's notice: at least 4 weeks' notice to end a periodic standard contract (2016 Act, s. 168)
• The section 173 notice must be accompanied by specified information, including details of deposit protection

Landlords must obtain a possession order from the county court before evicting a contract-holder. The court process varies depending on whether the landlord relies on a no-fault or breach-based ground.

• After a section 173 no-fault notice expires, the landlord applies to the county court for a possession order
• For breach-based claims under s. 181, the court must be satisfied the ground is established and (for discretionary grounds) that possession is reasonable
• The court may not make a possession order on a section 173 notice if the notice was retaliatory (2016 Act, s. 217)
• Illegal eviction is a criminal offence under the Protection from Eviction Act 1977; only court bailiffs may carry out an eviction

At the end of the occupation contract, the landlord must return the deposit less any agreed deductions within 10 days of both parties reaching agreement. If there is a dispute, the deposit scheme's free ADR service is available.

• Deductions may only be made for rent arrears, damage beyond fair wear and tear, or other breaches set out in the occupation contract
• The landlord should carry out a check-out inspection with the contract-holder and provide an itemised list of proposed deductions
• If the parties cannot agree, the dispute is referred to the deposit scheme's free ADR service
• The ADR decision is binding if both parties agree to use it; otherwise the matter may be taken to the county court