This guidance is specific for tenancies in Wales. If you're looking for information relating to tenancies in England, please go here.
Standard occupation contracts will be the most common type of tenancy agreement used in Wales after 1 December 2022. They look different to English tenancy agreements and there is some different terminology to be aware of.
At OpenRent, we will provide a professionally drafted occupation contract that includes all the terms you will need during Rent Now. Drafting an occupation contract is particularly tricky as the new legislation only allows certain types of terms to be amended and additional terms must not conflict with other terms. Our occupation contract includes useful amendments that are allowed by the legislation.
The terms of the occupation contract itself are grouped in the legislation by their importance. There are:
- Key Matters. These are the key pieces of information in the contract, such as: the start date, the rental period (how regularly rent is to be paid), the rental amount, the names of everyone signing the agreement.
- Fundamental Terms. These include terms that cover: anti-social behaviour and other prohibited conduct, the landlord’s obligations with regard to fitness for human habitation and keeping the dwelling in repair, the rights of permitted occupiers, and permissible forms of termination.
- Supplementary Terms. These include terms that cover: the use of the dwelling by the contract-holder, the landlord’s right to enter the dwelling in emergencies, changes to the provision of utilities to the dwelling, security of the dwelling, and the contract-holders’ obligations at the end of the contract.
We have included useful amendments to fundamental and supplementary terms that are allowed by the legislation and can be seen in the contract either as stricken through or capitalised text. We have also included useful additional clauses marked with an (A).
Landlords can add further terms to the contract in the usual way during Rent Now by adding a custom clause, however, if you would like to make such additions, you must be very careful as the Welsh legislation will not allow terms that conflict with existing terms or terms that are unfair. As usual, we advise landlords to seek independent legal advice before adding any custom clauses.