What is included in an Occupation Contract for a Flat?

This Occupation Contract for a Flat in Wales template covers: key matters of the Occupation Contract (eg the length of the fixed term, rent, dates, party details, and addresses) the option to include a guarantor whether a tenancy deposit is required explanatory information about Occupation Contracts, which the landlord is required to give to the contract holder the terms of the Occupation Contract, including terms dealing with permitted uses of the flat, obligations to repair and care for the dwelling, and ending the Contract the option to include certain additional terms. These include terms allowing: the landlord to communicate electronically with the contract holder about the Occupation Contract the contract holder to end the Occupation Contract early, in certain circumstances (ie a contract holder’s break clause ) the landlord to end the Occupation Contract early, in certain circumstances and if the contract is for a fixed term of two years or longer (ie a landlord’s break clause) signing provisions, including an option for the landlord to sign via an agent an appendix setting out any terms of your Occupation Contract that are different to the terms that are automatically included in an Occupation Contract by law

Why do I need an Occupation Contract for a Flat?

Most residential properties rented out in Wales are now rented under an Occupation Contract. This new type of agreement was created on 1 December 2022 by the Renting Homes (Wales) Act 2016 . Occupation Contracts are comprehensive agreements that automatically include a range of important terms that protect contract holders (ie the person renting a dwelling under the Occupation Contract) and facilitate a fair relationship between the contract holder and the landlord. An Occupation Contract is generally automatically formed when a residential dwelling (eg a flat) is rented out to somebody in Wales in exchange for rent. This is the case regardless of whether the Contract is written down when it is created. There is a legal requirement, however, for the landlord to give the contract holder a written statement of their Occupation Contract within 14 days of the date that the contract holder is allowed to move into the dwelling. This Occupation Contract template constitutes a written statement for these purposes. It contains the automatically-included terms that Occupation Contracts must have. Therefore, a landlord and a contract holder can agree to the terms and sign this Contract and, by giving the contract holder a complete copy, the landlord can use it to fulfil their obligation to provide an initial written statement. For more information, read Occupation contracts in Wales .

How can an Occupation Contract be ended?

Occupation Contracts can be ended in various ways. The options available in a particular situation depend on factors including the type of Occupation Contract, the terms included in the Occupation Contract, and the specifics of the situation. Generally, a fixed-term standard Contract (such as this one) may be ended if: the landlord and the contract holder agree to end it the contract holder or the landlord have breached the Contract in a serious manner the contract holder is in serious rent arrears in some situations, if the contract holder dies or abandons the dwelling on estate management grounds For more information, read Repossessing property in Wales . You can use our eviction notice templates for some of the grounds above, to start the process of repossessing a dwelling let under an Occupation Contract.

What happens at the end of the fixed term?

When the Occupation Contract’s fixed term ends, it will be automatically converted into a periodic standard Contract if the contract holder remains in occupation of the dwelling. The landlord cannot force the contract holder to leave at the end of the fixed term. If they want to evict them, they must use one of the valid methods of doing so (eg those under the FAQ ‘How can an Occupation Contract be ended’). This means that the contract holder can keep living in the dwelling in the same manner as before. However, it can be easier to end a periodic Occupation Contract than a fixed-term one. For example: the landlord may usually carry out a ‘ no fault ’ eviction (ie they can evict the tenant without providing a reason why they’re doing so). This process can be started with a Section 173 notice for Wales the contract holder can end the Occupation Contract by giving the landlord at least four weeks’ notice For more information, read Repossessing property in Wales . This template can be used to create an Occupation Contract with a fixed term of up to 2 years and 11 months , as Occupation Contracts with a term of 3 years or more generally need to be witnessed. Note that the contract holder’s occupation as a result of this Contract may still last longer than 2 years and 11 months, as the Contract will be converted into a periodic standard Occupation Contract at the end of the fixed term. If you want to create an Occupation Contract with an initial fixed term longer than 2 years and 11 months, Ask a lawyer for assistance.

Can I alter this Occupation Contract template?

An Occupation Contract contains specific types of terms: fundamental terms - important terms that are automatically included in an Occupation Contract, which either can’t be changed or can’t be changed unless: the changes benefit the contract holder, and the landlord and contract holder both agree to the changes supplementary terms - important terms that are automatically included in an Occupation Contract, which can usually be changed if the landlord and contract holder both agree to the changes additional terms - terms that may be included in an Occupation Contract if the landlord and contract holder both agree to them. Additional terms must also not, for example, conflict with fundamental or supplementary terms When an Occupation Contract includes a fundamental or a supplementary term that has been significantly changed (ie its meaning has been changed, not just its wording), the terms that have been changed (or removed) and the changes made must be recorded . This template will automatically note in an appendix any relevant terms that are altered when you complete our interview questions. If you want to alter any other terms of the Occupation Contract, make sure you do so in accordance with the law (eg the requirements for different types of terms, above), and consider Asking a lawyer for help. An Occupation Contract may be varied after it has been created . The rules above (concerning different types of terms) must still be followed and the contract holder and the landlord must agree to the variation. The landlord must also give the contract holder a new, updated written statement of the Occupation Contract or a written statement of the terms that have changed. For more information, read Occupation contracts in Wales .

What else do I need to do when renting out a flat in Wales?

Alongside providing a written statement, things that landlords must do when renting out a flat include: giving the contract holder a copy of the inventory . You should attach an inventory to this template to ensure you meet this obligation. You can use our template to create your inventory registering, and becoming licensed (or working through an agent who is licensed), with Rent Smart Wales protecting the contract holder’s deposit in an authorised deposit scheme , complying with the scheme’s rules, and providing the contract holder with the required information about the chosen deposit scheme providing the contract holder with a current Energy Performance Certificate (EPC), electrical condition report , and gas safety record ensuring the flat is fit for human habitation (including having adequate smoke alarms and carbon monoxide detectors installed) It’s also good practice to give contract holders a copy of Rent Smart Wales’ guide ‘ A Home in the Private Sector: a Guide for Tenants in Wales ’. For more information, read Legal obligations of a landlord .

Can I have multiple landlords or multiple contract holders under this Occupation Contract?

It is possible to have both joint landlords and joint contract holders under an Occupation Contract. In both cases, the rights and obligations associated with the role will generally be held by all landlords or all contact holders jointly. You can have as many joint contract holders as desired. However, this Occupation Contract template is not designed to be used for multiple joint landlords . If you need an Occupation Contract for multiple landlords, you should Ask a lawyer for help.

Can the landlord require a guarantor?

A guarantor is somebody who ‘guarantees’ the contract holder’s promise to pay rent. This means that, if the contract holder fails to meet their rent payments, the guarantor must pay the rent to the landlord instead . The landlord can require that the contract holder has a guarantor, who will also sign this Occupation Contract. This can be appropriate if, for example, the contract holder is a student or an early-career self-employed person with irregular income. For more information, read Picking a tenant .

When is this Occupation Contract template inappropriate?

This Occupation Contract is designed specifically to be used to rent out a flat . If you’re renting out another kind of dwelling in Wales, you could use an Occupation contract for a house in Wales or an Occupation contract for a room in Wales . If you want to rent out a spare room in the dwelling that you live in (ie as a live-in landlord), you can use a Lodger agreement . For more information, read Taking in a lodger . If you’re renting out property elsewhere in the UK, you can use our other Tenancy agreement templates for England and Scotland.

Last reviewed or updated 02/06/2026

MAKE YOUR FREE Occupation Contract for a Flat in Wales

Other Names: Occupation Contract for a Flat Occupation Contract Tenancy Agreement for a Flat in Wales Tenancy Agreement for Wales Lease Agreement for a Flat in Wales Lease Agreement for a Flat Flat Rental Agreement Flat Agreement Form Residential Lease for a Flat Tenancy Agreement for a Flat Fixed Term Occupation Contract Fixed Term Standard Contract Standard Occupation Contract

Occupation Contract for a Flat in Wales document preview

What is an Occupation Contract for a Flat in Wales?

An Occupation Contract is the Welsh version of a Tenancy agreement. Occupation Contracts for Flats in Wales set out the terms on which a flat is rented to a residential contract holder (ie tenant) and provide the contract holder with key information about their tenancy rights. For more information, read Occupation contracts in Wales.

For use in Wales only.

When should I use an Occupation Contract for a Flat?

Use this Occupation Contract for a Flat:

to rent out a flat that you own to someone who will use it as their main home
for residential property only
to create a fixed-term standard occupation contract only
to create an Occupation Contract with a fixed term of 2 years and 11 months or less
for dwellings in Wales only

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STANDARD OCCUPATION CONTRACT FOR THE LET OF A DWELLING IN WALES

Key Matters

This Agreement is made on the last date of signature. It contains a written statement of the Occupation Contract made under the Renting Homes (Wales) Act 2016 between:

(the Landlord) and

of , , (the Contract Holder)

This Agreement grants the Contract Holder the right to occupy the Dwelling in exchange for the Rent which is to be paid each Rental Period. The first Rent is to be paid on .
This Agreement is for a fixed term standard occupation contract with a Term of that starts on . The Contract Holder may start occupying the Dwelling on the Occupation Date.
The Contract Holder can contact the Landlord in the following ways:
1. By post at their
The Contract Holder has paid the Landlord a deposit of £. Information about the holding of the deposit will be provided to the Contract Holder in accordance with this Agreement.
The Landlord holds a Rent Smart Wales registration with Registration Number .

Definitions and Interpretation

In this Agreement, the following definitions are used:

The Agreement or the Occupation Contract	This occupation contract and any valid variations later made to it.
Deposit	The security deposit paid to the Landlord in respect of this occupation contract, i.e. £.
Inventory	The list of fixtures and fittings attached and other items owned by the Landlord that are at the Dwelling, attached to this Agreement and signed by the Landlord and the Contract Holder.
Dwelling	The flat located at , , Wales.
Rent	The initial rent, which is £, payable in advance of each Rental Period.
Rental Period	The period of time for which each Rent payment is due, i.e. .
Term	The fixed term of this occupation contract, i.e. .
Occupation Date	The day that the Contract Holder is entitled to move into the Dwelling under this Agreement, i.e. .
The Act	The Renting Homes (Wales) Act 2016.

In this Agreement, unless the context requires a different interpretation:
1. The singular includes the plural and vice versa.
2. References to sub-clauses, clauses, schedules or appendices are to sub-clauses, schedules or appendices of this Agreement.
3. A reference to a person includes firms, companies, government entities, trusts and partnerships.
4. The headings and subheadings do not form part of this Agreement.
Words importing one gender include all other genders and words importing the singular include the plural and vice versa.
If two or more persons are together the Contract Holder or the Guarantor, their obligations to the Landlord shall be joint and several, where this is possible in accordance with provisions in the Act that deal with joint contract holders.
This Agreement is for private residential accommodation and includes the Inventory.

Explanatory Information for the Contract Holder

Written Statements

The Landlord is required by the Renting Homes (Wales) Act 2016 to provide the Contract Holder with a written statement of the Agreement for the occupation of the Dwelling made between the Landlord and the Contract Holder.
The written statement must be provided to the Contract Holder within 14 days of their Occupation Date or prior to their Occupation Date. If it is not provided within 14 days, the Contract Holder may be entitled to compensation equivalent to one day’s rent for each day for which the written statement was late, up to a maximum of 2 months’ rent.
The Landlord cannot charge the Contract Holder for the written statement.
This written statement is signed as evidence of the Agreement but the Agreement exists at the time that the parties (i.e. the Landlord and the Contract Holder) agree on its terms. The signing of this written statement indicates that the parties agree to form an occupation contract on the terms set out in this Agreement.
This written statement includes:
1. The terms of the occupation contract.
2. The explanatory information (i.e. this section, headed ‘Explanatory Information for the Contract Holder) that the Landlord must provide to the Contract Holder.
If the Landlord and the Contract Holder agree on any alterations to this Agreement after it is signed, a new written statement of the varied Agreement or a written copy of the new term(s) must be provided to the Contract Holder within 14 days of the date on which the changes were agreed on. For more information on permissible variations of this Agreement, see the section headed ‘Variation of this Agreement’ below.
Written statements may be provided in electronic form only if the Contract Holder has agreed to receive written statements in electronic form.
If a written statement is incorrect or complete the Contract Holder may be entitled to compensation from the Landlord.

Types of Terms in the Written Statement

Key Matters are pieces of essential information required to form the Agreement. They are:
1. The address of the Dwelling.
2. The Occupation Date.
3. The amount of Rent to be paid.
4. The Rental Period.
5. The fact that this Agreement is made for a fixed term standard occupation contract.
6. Identifying any periods during which the Dwelling cannot be occupied by the Contract Holder.
Fundamental Terms are specific terms automatically included as terms of an occupation contract.
1. There are two types of Fundamental Term:
  1. Fundamental Terms that cannot be altered and which must always be included in an occupation contract in full. These are the Core Fundamental Terms set out under the heading ‘Variation of this Agreement’.
  2. Fundamental terms that may be changed (i.e. altered or omitted) only if the Landlord and Contract Holder agree to the changes and the changes benefit the Contract Holder. These consist of all Fundamental Terms that are not included in the list of Core Fundamental Terms.
Supplementary Terms are terms that are automatically included as terms of an occupation contract, which may be changed (i.e. altered or omitted) to the benefit of either the Landlord or the Contract Holder if the Landlord and the Contract Holder agree to the changes. Changes to Supplementary Terms must never be incompatible with a Fundamental Term.
Additional Terms are terms that may be included in an occupation contract if they are agreed to by the Landlord and the Contract Holder. They may cover anything not covered elsewhere. Additional Terms must never be incompatible with a Fundamental Term, a Supplementary Term, or a Key Matter.
Any included Additional Terms or altered Supplementary Terms that are considered unfair (within the meaning of the Consumer Rights Act 2015) will, under section 62 of the Consumer Rights Act 2015, not bind the Contract Holder.

The Occupation Contract

This Agreement is for a fixed term standard contract. It will initially last for the specified Term.
The Landlord cannot evict the Contract Holder during the Term without a court order for possession (i.e. a possession order), unless the Contract Holder abandons the Dwelling. A possession order will only be made by the court if the Landlord has followed all correct procedures (e.g. the provision of eviction notices with appropriate notice periods) and either:
1. The Contract Holder has broken one or more terms of the Agreement and, in the circumstances, evicting the Contract Holder is reasonable,
2. An estate management ground under section 160 of the Act applies and the Landlord needs to move the Contract Holder from the Dwelling; suitable alternative accommodation is available at the appropriate time if required; and eviction is, in the circumstances, reasonable, or
3. The Contract Holder is in serious rent arrears as defined in the Act. This is the case:
  1. If the rental period is a week, a fortnight, or four weeks, when at least eight weeks’ rent is unpaid.
  2. If the rental period is a month, when at least two months’ rent is unpaid.
  3. If the rental period is a quarter, when at least one quarter’s rent is more than three months in arrears.
  4. If the rental period is a year, when at least 25% of the rent is more than three months in arrears.
At the end of the Term, if the Contract Holder still occupies the Dwelling, the Contract Holder now occupies the Dwelling under a new periodic standard occupation contract that the Contract Holder and the Landlord are automatically treated as having made.
A person who lives with the Contract Holder at the Dwelling may have a right to succeed to this Agreement in line with the law on succession if the Contract Holder dies.

The Contract Holder’s and the Landlord’s Obligations in Relation to the Dwelling

The Contract Holder must abide by their promises made to the Landlord in the terms of this Agreement.
The Landlord must abide by their promises made to the Contract Holder in the terms of this Agreement.
Additionally, the Contract Holder must:
1. Not allow more than the maximum number of people to occupy the Dwelling as permitted by Part 10 of the Housing Act 1985, so that the Dwelling does not become overcrowded.
2. Not allow anti-social behaviour or other prohibited conduct, as defined in the Act (e.g. excessive noise, abuse or assault (physical or verbal), or domestic violence abuse (which includes physical, emotional, sexual, psychological, emotional, and financial abuse)), to be carried out by anyone who lives in and visits the Dwelling. The Contract Holder can be responsible for the behaviour of all such persons.

Assistance and Issues

Information about occupation contracts, dispute resolution, and other related matters can be found on the Welsh Government’s website. The Contract Holder should seek answers here if they have questions about the Agreement.
If any problems occur with the Dwelling, the Contract Holder should first contact the Landlord to see if the problem can be quickly resolved.
If problems cannot be resolved in discussion with the Landlord, the Contract Holder may be able to seek advice from an advice agency (e.g. Citizens Advice Cymru or Shelter Cymru) or from an independent legal advisor.
Disputes may be resolved through the county courts if they cannot otherwise be acceptably settled.

Fundamental Terms of the Occupation Contract

Withholding Rent

The Contract Holder may set off the Landlord’s liability to pay any required compensation under section 87 of the Act. This means that they may withhold rent to the value of the compensation that they’re owed.

The Deposit

The Deposit nor any other type of security may be required of the Contract Holder in any form other than money or a guarantee.
The Deposit paid in respect of this Agreement (whether paid by the Contract Holder or by another person on their behalf) must be dealt with by the Landlord in accordance with an authorised deposit scheme.
Within 30 days after the day on which the Deposit was paid, the Landlord must provide the Contract Holder and anyone who has paid the Deposit (or part of the Deposit) on their behalf with the Required Information (i.e. that specified by the Welsh Ministers in regulations introduced in accordance with section 45 of the Act) about the chosen authorised deposit scheme, and they must abide by the initial requirements of the scheme. The Required Information relates to:
1. The authorised deposit scheme the Landlord is using.
2. How the Landlord is complying with the scheme’s initial requirements.
3. How Chapter 4 Part 3 of the Act (Deposits and Deposit Schemes) operates, e.g. information about the rights in relation to the deposit of the Contract Holder and of any person who has paid the Deposit on their behalf.

Prohibited Conduct

Contract Holders must not engage in any anti-social behaviour or other prohibited conduct.
1. In particular, Contract Holders must not engage or threaten to engage in conduct that is capable of causing nuisance or annoyance to:
  1. Any person who has a right to live in the Dwelling or in accommodation (e.g. another dwelling) in the locality of the Dwelling.
  2. Any person who is engaged in a lawful activity in the Dwelling or in the locality of the Dwelling.
  3. The Landlord.
  4. A person acting in connection with the Landlord’s exercise of their housing management functions (whether this person is employed by the Landlord or not), e.g. an agent.
2. The Contract Holder must not engage or threaten to engage in any other conduct that directly or indirectly relates to or affects the Landlord’s housing management functions.
3. The Contract Holder must not allow, encourage, or incite any person living in or visiting the Dwelling to act in the ways specified in this term.
The Contract Holder must not use the Dwelling, any common parts, or (if applicable) any other parts of the building that compromises the Dwelling for criminal purposes, nor may they threaten to do so.
1. The Contract Holder must not allow, encourage, or incite any other person to act in the ways specified in this term.

Control and Use of the Dwelling

The Contract Holder has a right to occupy the Dwelling without the Landlord’s interference. The Landlord must not interfere with this right, either by act or omission.
1. Things that do not constitute interference with the Contract Holder’s right to occupy the Dwelling without the Landlord’s interference include:
  1. The Landlord’s exercise of their rights under this Agreement.
  2. The Landlord’s failure to comply with their Landlord’s Repair Obligations (as set out in section 100(2) of the Act), including the Landlord’s obligation to keep the Dwelling fit for human habitation.
2. The Landlord is considered to have interfered with this right if a person who acts on their behalf, or who has an interest superior to the Landlord’s in the Dwelling or in part of the Dwelling, interferes with the Contract Holder’s right under this term by a lawful act or omission.
The Landlord has a right to enter the Dwelling at any reasonable time, provided they have given the Contract Holder at least 24 hours’ notice of their intention, in order to
1. Inspect the Dwelling’s condition and state of repair, or
2. Carry out repairs or other works required for the Landlord to comply with their Landlord’s Repair Obligations under this Agreement.
If the Dwelling forms only part of a building and the Landlord must carry out repairs or works in a part of the building other than the Dwelling to comply with their Landlord’s Repair Obligations under this Agreement, the Landlord will not be liable for their failure to comply with the relevant Landlord’s Repair Obligation if this is due to their lack of and inability to obtain (after making a reasonable effort to do so) sufficient rights over the non-Dwelling part of the building to enable this.

Landlord’s Repair Obligations

The terms under this heading comprise the Landlord’s Repair Obligations.
The Landlord must ensure that the Dwelling and, if the Dwelling is only part of a building, the structure and exterior and common parts of the building, are fit for human habitation as determined with regard to The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022.
1. The Landlord must ensure that the Dwelling is fit for human habitation:
  1. On the Occupation Date, and
  2. Throughout the Contract Holder’s occupation under this Agreement (including the Term and the subsequent automatically created periodic standard contract).
2. The Landlord is not liable for a failure to make the Dwelling fit for human habitation if:
  1. The Dwelling cannot be made fit for human habitation at reasonable expense, or
  2. The Dwelling is not fit for human habitation wholly or mainly because of an act or omission by the Contract Holder or any permitted occupiers, including acts or omissions that amount to lack of care (i.e. failure to take proper care of the Dwelling or (if relevant) the common parts of the building that it forms a part of that the Contract Holder is permitted by to use).
The Landlord must keep the Dwelling in repair to a standard of repair that is reasonable with regard to the age and character of the Dwelling and to the period during which it is likely to be available for occupation as a home. Specifically, the Landlord must:
1. Ensure the Dwelling’s structure and exterior (e.g. drains, gutters, and external piping) are kept in repair.
2. Ensure the Dwelling’s service installations (i.e. installations for the supply of water, gas, or electricity; for sanitation; for space heating; or for water heating) are kept in repair and in proper working order.
3. If the Dwelling forms only part of a building, ensure that the parts of the building’s structure and exterior (e.g. drains, gutters, and external piping) in which the Landlord has an estate or interest are kept in repair, if disrepair or failure of these affects the Contract Holder’s enjoyment of the Dwelling or their enjoyment of any common parts of the Dwelling that this Agreement entitles them to use.
4. If the Dwelling forms only part of a building, ensure that service installations that directly or indirectly serve the Dwelling, which the Landlord has an estate or interest in or that the Landlord owns or controls, are in repair and proper working order if disrepair or failure of these affects the Contract Holder’s enjoyment of the Dwelling or their enjoyment of any common parts of the Dwelling that this Agreement entitles them to use.
If any damage is caused by works and repairs carried out in order to comply with the Landlord’s Repair Obligations, the Landlord must make good the damage.
The Landlord cannot impose any obligations on the Contract Holder in response to their enforcing or relying on the Landlord’s Repair Obligations.
The Landlord is not liable for breach of the Landlord’s Repair Obligations:
1. If they fail to keep in repair anything that the Contract Holder is entitled to remove from the Dwelling.
2. If they do not rebuild or reinstate the Dwelling, part of the Dwelling, or (if the Dwelling forms only part of a building) any part of the building in which the Landlord has an estate or interest, which has been damaged or destroyed by a Relevant Cause. Relevant Causes are:
  1. Fires.
  2. Storms.
  3. Floods.
  4. Other inevitable accidents.
3. If the disrepair of a service installation or its failure to be in working order is wholly or mainly attributable to the Contract Holder’s or a permitted occupier’s lack of care.
The Landlord’s Repair Obligations (excluding the obligation to ensure that the Dwelling is fit for human habitation on the Occupation Date) will not arise until the Landlord is aware that the relevant repairs or works are required. To comply with their Landlord’s Repair Obligations, the Landlord must make the required repairs or works within a reasonable time after the day that the Landlord becomes aware that they are necessary.
1. If the Landlord’s interest in the Dwelling is transferred to another person (i.e. a new landlord), and the old landlord was aware of repairs or works needing to be carried out, the new landlord is treated as becoming aware of these on, but not before, the date the on which the interest is transferred.
If the Landlord fails to comply with their Landlord’s Repair Obligations and this failure causes a permitted occupier (including lodgers or sub-holders if they are allowed to live in the Dwelling as a lodger or under a sub-occupation contract that is made in accordance with this Agreement) personal injury, loss, or damage to personal property, the permitted occupier may enforce the relevant Landlord’s Repair Obligation in their own right by bringing proceedings in respect of their injury, loss, or damage.

Dealing

Dealing, for the purposes of this section, includes:
1. Creating a tenancy (e.g. a sub-tenancy).
2. Creating a licence (e.g. a sub-licence) that confers a right to occupy the Dwelling.
3. Transferring.
4. Mortgaging or otherwise charging.
The Contract Holder is prohibited from dealing with this Agreement, the Dwelling, or part of the Dwelling. If there are joint contract holders, each joint contract holder is also prohibited from dealing with their rights and obligations under this Agreement. There are exceptions to the prohibitions in this term for dealing that is:
1. In ways permitted by the Agreement, or
2. In accordance with a family property order, as defined in section 251 of the Act.
If the Contract Holder (or one of the joint contract holders, if applicable) breaches one of the prohibitions on dealing (set out in the term above), the relevant transaction will not bind the Landlord. The breach will nevertheless breach this Agreement.

Joint Contract Holders

The Contract Holder can make another person a contract holder under this Agreement (i.e. so that they become joint contact holders) if this person agrees and the Landlord consents.
1. Note that, under section 84 of the Act, the Landlord may not unreasonably withhold such consent or grant consent subject to unreasonable conditions.
2. Any new joint contract holders introduced in accordance with this term are subject to the Contract Holder’s obligations under the Agreement, and receive the benefit of the Contract Holder’s rights under this Agreement, from the day on which they become a joint contract holder.
If a joint contract holder ceases to be a contract holder under this Agreement (due to their death or another reason, but not due to the transfer of rights or obligations in accordance with this Agreement):
1. The remaining joint contract holders are fully entitled to all of the Contract Holder’s rights under this Agreement.
2. The remaining joint contract holders have the burden of all obligations owed by the Contract Holder to the Landlord under this Agreement.
3. Once no longer a party to the Agreement, the departed joint contract holder is not liable for any obligation or entitled to any right under this Agreement.
4. Nothing in this term shall affect the departing joint contract holder’s rights or their liability related to obligations under this Agreement before they cease being a party to this Agreement.

Ending This Agreement

The only ways in which it is permissible for this Agreement to be ended are in accordance with:
1. Enactments, which include Acts of Parliament, Acts of Senedd Cymru, or regulations made by the Welsh Ministers.
2. The Fundamental Terms of the Agreement (which incorporate and are in accordance with fundamental provisions set out in Part 9 of the Act), or
3. Other terms of this Agreement that are in accordance with Part 9 of the Act.
Terms that are in accordance with Part 9 of the Act include those in the section of this Agreement headed ‘Options for ending this Agreement’, below.
The two terms immediately preceding this term do not affect the operation of the law of frustration or the Contract Holder’s or the Landlord’s rights to rescind the contract.
The only instances in which the Landlord can make a claim to recover possession of the Dwelling (i.e. a possession claim) are set out in Chapters 3 and 7 of Part 9 of the Act. They are those in the section below headed ‘Options for ending this Agreement’ with the titles:
1. In the section below headed ‘Options for ending this Agreement’, set out under the titles:
  1. Termination by the Landlord due to the Contract Holder’s breach of contract.
  2. Termination by the Landlord on estate management grounds.
  3. Termination by the Landlord due to the Contract Holder’s serious rent arrears.
  4. Termination by the Landlord due to the Contract Holder’s breach of contract when the Contract Holder induced the Landlord to enter the Agreement by false statement.
When the Landlord is required to give the Contract Holder a possession notice before making a possession claim (in relation to the Contract Holder’s breach of contract; estate management grounds; or the Contract Holder’s serious rent arrears), the notice must:
1. State the Landlord’s intention to make a possession claim.
2. Specify the ground on which the possession claim will be made.
3. Give particulars of this ground, and
4. Give the date after which the Landlord may make the possession claim.
If there are joint contract holders and one or more joint contract holders act to end this Agreement without one or more other of the joint contract holders, the Agreement will not be ended.
If an order requiring the Contract Holder to give up possession of the Dwelling on a specific day (i.e. a possession order) is made by the court, this Agreement will end:
1. On the day specified in the possession order, if the Contract Holder gives up possession on or before the specified day.
2. On the day on which the Contract Holder gives up possession of the Dwelling, if this is after the date specified in the possession order but before the possession order has been executed
3. On the day that the possession order is executed, if the Contract Holder has not given up possession of the Dwelling before this time.
4. Immediately before the new occupation contract’s occupation date if a new occupation contract is created where there were joint contract holders under the Agreement and:
  1. The possession order contained a condition requiring the Landlord to offer a new occupation contract for the Dwelling to one or more of the joint contract holders, but not all of them, and
  2. Those who are offered the new contract continue to occupy the Dwelling on and after the new contract’s occupation date.

Options for Ending This Agreement

Termination by agreement: this Agreement will end if the Landlord and the Contract Holder agree to end the Agreement. In such situations, the Agreement will end:
1. On the day on which the Contract Holder gives up possession of the Dwelling in accordance with the agreement made for termination, or
2. If possession is not given up and a substitute occupation contract is made (i.e. an occupation contract for the same or substantially the same Dwelling under which the contract holder is the same person), on the occupation date of the new occupation contract.
Termination by the Contract Holder due to a Landlord’s repudiatory breach: if the Landlord commits a repudiatory breach of this Agreement (i.e. a breach that is sufficiently serious to justify immediate termination of the Agreement, as ultimately decided by the court) and the Contract Holder gives up possession of the Dwelling as a result of this breach, the Agreement ends when possession is given up.
Termination due to the Contract Holder’s death, if there is a sole contract holder:
1. If the Contract Holder (who is one individual) dies, this Agreement ends either:
  1. One month after the Contract Holder’s death, or
  2. If earlier, when the Landlord is given notice of the Contract Holder’s death by the authorised persons (i.e. the Contract Holder’s personal representatives or any permitted occupiers of the Dwelling who are 18 years old or over acting together).
2. This Agreement will not end if a sole Contract Holder dies and one of the following applies:
  1. Somebody is qualified under section 74 of the Act to succeed the Contract Holder, or
  2. A family property order (as defined in section 251 of the Act) requires that the Agreement is transferred to somebody else. If such an order ceases to have effect after the Contract Holder’s death and no one is qualified to succeed to the Agreement, the Agreement ends at the later of:
    1. The time the family property order ceases to have effect, or
    2. The time that the Agreement would usually end if there is no relevant family property order.
Early termination: the Contract Holder can end this Agreement:
1. Before the earlier of:
  1. The Occupation Date, or
  2. The date that the Landlord gives the Contract Holder a written statement.
2. To end the Agreement under this term, the Contract Holder must give the Landlord notice that states that they are ending the Agreement. When the Contract Holder gives such notice they no longer have any liability under this Agreement and they are entitled to have any deposit, rent, or other consideration given under this Agreement returned to them.
Termination by the Landlord due to the Contract Holder’s breach of contract: the Landlord can make a possession claim on this ground if the Contract Holder breaches a term of the Agreement. A possession order will only be made following a claim on this ground if the court considers it reasonable to do so, as determined in accordance with Schedule 10 of the Act.
1. Restrictions applicable to possession claims on this ground include:
  1. The Landlord must give the Contract Holder a possession notice specifying the grounds of the intended possession claim before the claim is made.
  2. The Landlord must wait until one month from the date that they give the Contract Holder the possession notice before starting a possession claim.
    1. There is an exception to this one-month notice period when the Contract Holder’s breach of contract was a breach of their obligations relating to anti-social behaviour and other prohibited conduct (set out in the section headed ‘Prohibited conduct’, above). In such cases, a possession claim may be started by the Landlord on or after the day on which they give the Contract Holder the possession notice.
  3. The Landlord must not make a possession claim after the end of the six-month period starting with the day on which the Landlord gives the Contract Holder the possession notice.
Termination by the Landlord due to the Contract Holder’s breach of contract when the Contract Holder induced the Landlord to enter the Agreement by false statement: if a Relevant False Statement is used by the Contract Holder to induce the Landlord to enter into the Agreement, this to be treated as a breach of contract by the Contract Holder.
1. In this situation, the Landlord may make a possession claim on the ground of the Contract Holder’s breach of contract (following the provisions set out for this ground above).
2. A Relevant False Statement is made knowingly or recklessly by either the Contract Holder or somebody acting at their instigation.
Termination by the Landlord on estate management grounds: the Landlord can make a possession claim on one or more of the estate management grounds set out in Part 1 of Schedule 8 of the Act.
1. A possession order will only be made following a claim on estate management grounds if the court considers it reasonable to do so, as determined in accordance with Schedule 10 of the Act, and if the court is satisfied that suitable (as determined in accordance with Schedule 11 of the Act) alternative accommodation is available (or when then possession order takes effect will be available) to the Contract Holder.
2. If a possession order is granted on one or more estate management grounds only, the Landlord is required to pay the Contract Holder compensation equal to the reasonable expenses that the Contract Holder is likely to incur by moving from the Dwelling. There is an exception to this requirement for possession orders made only on one or both of Ground A or Ground B (i.e. the redevelopment grounds).
3. Restrictions applicable to possession claims on estate management grounds include:
  1. The Landlord must give the Contract Holder a possession notice specifying the relevant estate management ground(s) of the intended possession claim before the claim is made.
  2. The Landlord must wait until one month from the date that they give the Contract Holder the possession notice before starting a possession claim.
  3. The Landlord must not make a possession claim after the end of the six-month period starting with the day on which the Landlord gives the Contract Holder the possession notice.
  4. When relying on Ground B, using a redevelopment scheme that is approved under Part 2 of Schedule 8 of the Act subject to conditions, the Landlord can give a possession notice specifying this ground to the Contract Holder before the conditions are met.
  5. The Contract Holder must not be given a possession notice specifying Ground G (i.e. accommodation not required by successor) before the end of the six-month period, or after the end of the twelve-month period, that starts on the day on which the Landlord became aware of the previous Contract Holder’s death.
  6. The Contract Holder must not be given a possession notice specifying Ground H (i.e. departing joint contract holder) after the end of the six-month period that starts on the day on which the relevant joint contract holder’s rights and obligations under the Agreement ended.
Termination by the Landlord due to the Contract Holder’s serious rent arrears: the Landlord can make a possession claim on the ground that the Contract Holder is in serious rent arrears.
1. Serious rent arrears is, for the purposes of this provision, defined in accordance with the Act as:
  1. If the rental period is a week, a fortnight, or four weeks, when at least eight weeks’ rent is unpaid.
  2. If the rental period is a month, when at least two months’ rent is unpaid.
  3. If the rental period is a quarter, when at least one quarter’s rent is more than three months in arrears.
  4. If the rental period is a year, when at least 25% of the rent is more than three months in arrears.
2. A possession order must be made by the court following a possession claim on the ground of serious rent arrears, unless inappropriate due to a defence based on the Contract Holder’s rights under the European Convention on Human Rights (the ECHR), if the court is satisfied that the Contract Holder:
  1. Was in serious rent arrears on the day on which the Landlord served them the possession notice, and
  2. Is in serious rent arrears on the day on which the court hears the possession claim.
3. Restrictions applicable to possession claims on the ground of serious rent arrears include:
  1. The Landlord must give the Contract Holder a possession notice of the intended possession claim, specifying serious rent arrears as the relevant ground, before a possession claim is made.
  2. The Landlord must wait until 14 days from the day on which they give the Contract Holder the possession notice before starting a possession claim.
  3. The Landlord must not make a possession claim after the end of the six-month period starting with the day on which the Landlord gives the Contract Holder the possession notice.

Variation of This Agreement

This Agreement may not be varied, except:
1. By agreement between the Landlord and the Contract Holder, or
2. By or as a result of an Enactment, including Acts of Senedd, Acts of Parliament, or regulations made by the Welsh Ministers.
Any variations of this Agreement, except those due to Enactments, must be in accordance with the following limitations:
1. Certain Fundamental Terms (i.e. the Core Fundamental Terms) of this Agreement may not be varied (with the exception of variations due to Enactments). These Core Fundamental Terms are:
  1. The requirement to use an authorised deposit scheme and to provide the Required Information about the deposit scheme, in accordance with the section of this Agreement headed ‘The Deposit’.
  2. The prohibitions on anti-social behaviour and other prohibited conduct, set out in the section of this Agreement headed ‘Prohibited conduct’.
  3. The single term setting out what happens if a joint contract holder ceases to be a contract holder under this Agreement, located under the section of this Agreement headed ‘Joint contract holders’.
  4. The four terms at the beginning of the section headed ‘Ending this Agreement’, which set out when termination of this Agreement is permissible. This includes the term setting out the only instances in which the Landlord can make a claim to recover possession.
  5. The term dealing with termination due to the Contract Holder’s death if there is a sole contract holder.
  6. The term requiring that false statements that induced the Landlord to enter into the Agreement are treated as breaches of contract.
  7. All of the terms in this section, headed ‘Variation of this Agreement’, excluding the rule that the Agreement may be varied by agreement between the Landlord and the Contract Holder.
2. Any permitted variations of Fundamental Terms (i.e. variations of Fundamental Terms that are not Core Fundamental Terms), with the exception of variations due to Enactments, will only have effect if the variation does not make the Fundamental Term incompatible with any of the Core Fundamental Terms and:
  1. The fundamental provision of the Act that the Fundamental Term incorporates is still incorporated into the term, without modification, or
  2. The effect of the change is an improvement in the Contract Holder’s position, where the fundamental provision that the Fundamental Term incorporates is not incorporated or is incorporated with modification.
3. Any variation of terms of this Agreement will only have effect if the variation does not make the varied term incompatible with a Fundamental Term of this Agreement, unless the relevant Fundamental Term is also validly varied (i.e. in accordance with this Agreement) in a way that allows incompatibility to be avoided. This does not apply to variations due to Enactments.

Written Statements and the Provision of Information

The Landlord has various obligations related to written statements of the occupation contract (e.g. this document). These include:
1. The Landlord must provide the Contract Holder with a written statement of their occupation contract (i.e. of this Agreement) before the end of the 14 -ay period that starts on the Occupation Date.
2. If the identity of the Contract Holder under this Agreement changes, the Landlord must provide the new contract holder with a written statement of the occupation contract before the end of the 14-day period that starts on either:
  1. The day on which the Contract Holder’s identity changed, or
  2. If later, the day on which the Landlord becomes aware that the Contract Holder’s identity has changed.
The Contact Holder may request a further written statement of the occupation contract at any time. If they do so, the Landlord must provide this written statement of the occupation contract before the end of the 14-day period that starts on either:
1. The day on which the Contract Holder pays the fee, if the Landlord charges a fee, or
2. The day of the request, if the Landlord does not charge a fee.
If this Agreement is varied, before the end of the relevant period (i.e. the 14-day period that starts on the day on which the Agreement is varied), the Landlord must provide the Contract Holder with either:
1. A written statement of the term or terms that were varied, or
2. A written statement of the occupation contract as varied (i.e. the updated version of the whole occupation contract).
The Landlord may only charge a fee for a written statement in certain circumstances:
1. The Landlord must not charge the Contract Holder a fee in exchange for providing a written statement of the occupation contract at the start of the occupation contract or when the Contract Holder’s identity changes.
2. The Landlord may charge a reasonable fee for providing additional written statements of the occupation contract (i.e. in situations other than the start of the occupation contract or a change to the Contract Holder’s identity).
3. The Landlord must not charge the Contract Holder a fee when providing a written statement (of the varied terms or of the varied occupation contract) when the Agreement is varied.
The Landlord has an obligation to provide the Contract Holder with certain information about themselves.
1. Specifically:
  1. The Landlord must, before the end of the 14-day period that starts on the Occupation Date, give the Contract Holder notice of an address to which they can send documents intended for the Landlord.
  2. If the Landlord’s identity changes, the new landlord must, before the end of the 14-day period that starts on the day on which the new person becomes the Landlord, give the Contract Holder notice of the identity change and of an address to which they can send documents intended for the new landlord.
  3. If the Landlord’s address to which the Contract Holder can send documents intended for the Landlord changes, the Landlord must, before the end of the 14-day period that starts on the day on which the address changes, give the Contract Holder notice of the new address.
2. If the Landlord does not comply with one of their obligations under this term they are liable to pay compensation to the Contract Holder, in accordance with section 87 of the Act.
  1. This compensation will be payable in respect of the Relevant Date (i.e. the first day of the period before the end of which the Landlord had to give the information to the Contract Holder) and in respect of every day after the Relevant Date until either:
    1. The day that the Landlord gives the Contract Holder the notice of the information, or
    2. If earlier, the last day of the period of 2 months starting on the Relevant Date.
  2. Interest will be payable on the compensation if the Landlord does not give the Contract Holder notice of the information on or before the last day of the period of 2 months starting on the Relevant Date. Interest starts to run on the last day of this 2-month period at the rate that prevails under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 at the end of that day.

Notices

Any notices, statements, or other documents that either party is required or authorised to give or make under this Agreement must:
1. Be in writing, and
2. Be delivered or otherwise given in accordance with the provisions in sections 236 and 237 of the Act.

Supplementary Terms of the Occupation Contract

Rent

If the Contract Holder requests a receipt of their Rent payments or payments of other consideration, the Landlord must provide written receipt of these payments within 14 days of the request.
The Contract Holder does not need to pay Rent for any day or part day during which the Dwelling is not fit for human habitation, as determined with regard to The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022.

Control and Use of the Dwelling

The Contract Holder may permit other people (i.e. permitted occupiers) to live at the Dwelling as a home as long as these people are not lodgers (as defined in the Act) or sub-holders (i.e. contract holders under a sub-occupation contract).
The Contract Holder must not carry out any business or trade at the Dwelling without the Landlord’s explicit consent.
The Landlord can enter the Dwelling at any reasonable time, provided they have given the Contract Holder at least 24 hours’ notice of their intention, for the purpose of carrying out repairs to items (e.g. fixtures and fittings) listed in the Inventory, if the Contract Holder has not fulfilled their Contract Holder’s Repair Obligations in relation to those items.
The Landlord must be given immediate access to the Dwelling if an emergency occurs which creates a need for the Landlord to enter the Dwelling without notice.
1. If this access is not provided, the Landlord may enter without the Contract Holder’s permission. If this occurs, the Landlord must use all reasonable endeavours to notify the Contract Holder as soon as reasonably practicable after entry that they have entered the Dwelling.
2. Emergencies, for the purposes of this term, include things that:
  1. Require urgent work to be carried out to prevent severe damage, further damage, or destruction of the Dwelling or of other dwellings in its vicinity, or
  2. Would result in an imminent risk to the health and safety of the Contract Holder, any permitted occupiers, or any other persons in the vicinity of the Dwelling, if not dealt with immediately by the Landlord.

Prohibition of Discrimination Against People With Children and Benefits Claimants

Right for children to live at or visit the Dwelling: the Contract Holder may permit a person who has not reached the age of 18 to live in or visit the Dwelling.
1. The Landlord must not interfere with or restrict the exercise of the Contract Holder's right under this term, unless the interference or restriction is a proportionate means of achieving a legitimate aim.
Right to claim benefits: The Landlord must not prohibit the Contract Holder from being a benefits claimant within the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.

Contract Holder’s Repair Obligations

The terms under this heading comprise the Contract Holder’s Repair Obligations.
The Contract Holder must:
1. Take proper care of the Dwelling and the fixtures and fittings within it and all items listed in the Inventory.
2. Keep the Dwelling itself in reasonable decorative order.
The Contract holder must not:
1. Remove from the Dwelling without the Landlord’s consent any fixtures, fittings, or items listed in the Inventory.
2. Keep anything in the Dwelling that may pose a risk to the health and safety of:
  1. The Contract Holder themselves,
  2. Any permitted occupiers,
  3. Anybody visiting the Dwelling, or
  4. Anybody living in the Dwelling’s vicinity.
The Contract Holder is not liable for any fair wear and tear to the Dwelling or the fixtures and fittings within it.
The Contract Holder must notify the Landlord of any defect, disrepair, damage, or fault as soon as is reasonably practicable.
The Contract Holder must, within a reasonable time period, repair or replace any fixtures, fittings, or items listed in the Inventory that have defect, disrepair, damage, or fault which the Contract Holder reasonably believes is not the Landlord’s responsibility to remedy. This includes when the defect, disrepair, damage, or fault is caused wholly or mainly by the Contract Holder’s, any permitted occupiers’, or a visitor to the Dwelling’s act or omission that amounts to a lack of care.

Changes to the Dwelling and to Utilities

The Contract Holder can only make alterations to the Dwelling with the Landlord’s consent. Alterations include:
1. Adding or altering fixtures and fittings.
2. Installing aerials or satellite dishes.
3. Installing, removing, or structurally altering sheds, garages, or other structures in the Dwelling.
4. Decoration to the Dwelling’s exterior.
The Contract Holder may change the Dwelling’s suppliers of:
1. Electricity.
2. Gas.
3. Water.
4. Sewerage services.
5. Telephone services.
6. Internet services.
7. Television services.
The Contract Holder should inform the Landlord of any such changes as soon as is reasonably practicable.
The Contract Holder must not, unless they have the Landlord’s consent to do so:
1. Leave the Dwelling at the end of their occupation without a supplier of electricity, gas, or other fuel (if applicable) or of water (including sewerage services). This does not apply to any of these utilities that the Dwelling did not have on the Occupation Date.
2. Have or arrange to have installed or removed any specific service installations at the Dwelling (i.e. installations for supplying water, gas or electricity, or other fuel (if applicable) for sanitation purposes; for space heating; or for water heating).

Security and Safety of the Dwelling

The Contract Holder must notify the Landlord as soon as is reasonably practicable if they become aware that the Dwelling has been or will be unoccupied for 28 or more consecutive days.
The Contract Holder must take reasonable steps to ensure that the Dwelling is secure.
The Contract Holder can change locks of the Dwelling’s internal or external doors as long as this does not amount to less security being in place than before the change. The Contract Holder must notify the Landlord as soon as is reasonably practicable of any changes and provide the Landlord with a working copy of the new key, if the changes mean that a new key is needed to access the Dwelling or part of the Dwelling.

Dealing

The Contract Holder may only allow somebody to live in the Dwelling as a lodger with the Landlord’s consent.

When This Agreement Ends

The Contract Holder has certain obligations at the end of this Agreement. Specifically, when they vacate the Dwelling they must:
1. Remove from it all property belonging to them or to any permitted occupiers who are not entitled to remain in occupation of the Dwelling.
2. Restore any property of the Landlord’s to the position it was in on the occupation date.
3. Return to the Landlord all keys that enable access to the Dwelling that were used by the Contract Holder or by any permitted occupier who is not entitled to remain in occupation.
The Contract Holder has the right to be repaid by the Landlord any prepaid Rent or other consideration related to the time after the day that this Agreement ends. Repayment must be within a reasonable time of the end of the Agreement.

Provision of Information: Inventory

The Landlord must give the Contract Holder an Inventory in relation to the Dwelling on or before the same date that the Landlord is required to provide them with a written statement of the occupation contract.
The Inventory must set out the contents of the Dwelling, including fittings and fixtures. It must describe all items’ condition at the Occupation Date.
The Contract Holder is entitled to provide comments to the Landlord (i.e. comments specifying disagreement with the information in the Inventory).
1. The Inventory is deemed accurate if the Landlord does not receive any comments from the Contract Holder within 14 days of the Inventory being provided.
2. If the Landlord does receive comments within 14 days of the Inventory being provided, they must either:
  1. Amend the Inventory in line with the comments and send the amended Inventory to the Contract Holder (i.e. agree to the Contract Holder’s changes),
  2. Inform the Contract Holder that they do not agree with the comments and re-send them the original Inventory with a copy of the comments attached to it, or
  3. Amend the Inventory in line with some of the comments and send the amended Inventory to the Contract Holder along with a record of the comments that have not been agreed with (i.e. agree to some of the Contract Holder’s changes only).

Notices

The Contract Holder must keep safe any notices, orders, or other documents delivered to the Dwelling and addressed to the Landlord (or more generally to the Dwelling’s owner).
1. The Contract Holder must give the original copies of these documents to the Landlord as soon as is reasonably practicable.

Additional Terms of the Occupation Contract

Bills and Utility Payments

The Contract Holder will comply with all laws and requirements relevant to utility provision, the Dwelling’s particular suppliers, and the Contract Holder’s use of utilities.

Pets

1. The Contract Holder is a responsible pet owner.
2. The relevant pets are of a kind that is suitable to be kept in the Dwelling, and
3. The relevant pets are not likely to:
  1. Cause damage to the Dwelling or its contents,
  2. Pose a risk to anybody’s health and safety, or
  3. Cause a nuisance to neighbours.

Insurance

The Landlord will insure the Dwelling, and its contents that belong to the Landlord, with a reputable insurance company.
If the Dwelling is damaged or destroyed by a risk that is covered by the Landlord’s insurance of the Dwelling, and this was not caused by the Contract Holder’s wilful actions, default, or negligence, and the effect of the damage or destruction is that the Dwelling is no longer fit for occupation, the Contract Holder does not need to pay Rent until the Dwelling is again fit for occupation.

Signatures

This Agreement serves as a written statement of the occupation contract between the Landlord and the Contract Holder. It is signed by:

The Landlord:

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About Occupation Contracts for Flats in Wales

Learn more about making your Occupation Contract for a Flat in Wales

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How to make an Occupation Contract for a Flat in Wales
Making your Occupation Contract for a Flat in Wales online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all the information about the intended occupation prepared in advance, creating your document is a quick and easy process.

You’ll need the following information:

The landlord, contract holder, and guarantor
- What is the landlord’s name, address, and legal structure?
  - If it’s a company, what’s its company number?
- Does the landlord have a different correspondence address?
- What is the landlord’s contact phone number and email address?
- Is the landlord signing the Contract or is an agent signing on their behalf?
- If the landlord is signing and they are a company or a partnership, who is their signatory? This is the person who will sign the Contract on the company’s or partnership’s behalf.
- What is the contract holder’s name?
  - If there are multiple, what are all of their names?
- Is the contract holder willing to receive notices about their Occupation Contract electronically (eg via email)?
  - What is the contract holder’s email address? If there are multiple, provide all contract holders’ email addresses.
- Is a guarantor required? If so, what is their name and address? If there are multiple guarantors, enter this information for each of them.
The dwelling
- What’s the address of the dwelling being rented out?
Rent Smart Wales
- What is the landlord’s Rent Smart Wales registration number?
- Does the landlord hold a Rent Smart Wales licence or do they act through a licensed agent?
- What is the landlord’s or the agent’s Rent Smart Wales licence number?
The Occupation Contract
- On what date is the contract holder allowed to move into the dwelling (ie the occupation date)?
- How long is the term of the Contract?
- Are there any periods during which the contract holder cannot live in the dwelling? If so, what are they?
- Can the contract holder have pets in the dwelling, or do they need to obtain consent from the landlord on a case-by-case basis first?
- Does the contract holder have access to a parking space? If so, where is it?
- Can the contract holder end the Occupation Contract early by giving notice (ie will you include a contract holder’s break clause)?
- If the Contract is for a term of 2 years or more: Can the landlord end the Occupation Contract early by giving notice (ie will you include a landlord’s break clause)?
Payments
- How much rent must be paid? How regularly should it be paid (eg weekly or monthly)?
- When is the first rent payment due?
- Is a tenancy deposit required? If so, how much is required?
- Does the landlord or the contract holder pay for utility charges and similar (eg electricity, water, and internet)? Or, do they each pay for some charges?
  - If they each pay some, which charges do they each pay?
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Common terms in an Occupation Contract for a Flat in Wales
Occupation Contracts set out the terms by which contract holders will occupy a rental property in Wales. To do this, this Occupation Contract for a Flat in Wales template includes sections headed:

Key matters

This section contains information that must be included in all Occupation Contracts. It identifies that the document intends to create an Occupation Contract under the Renting Homes (Wales) Act 2016 and sets out basic details about the Contract, including the parties’ details, the term of the Contract, and the deposit amount (if a deposit is required).

Definitions and interpretation

This table assigns specific meanings to key terms used throughout the Contract. When these terms (eg ‘Dwelling’, ‘Rent’ or ‘Occupation Date’) are used capitalised throughout the Contract, they carry the meaning they’re given in this table.

Explanatory information for the contract holder

This section provides important information about Occupation Contracts and their operation, which must be provided to contract holders by their landlords. It covers:
- written statements - explaining, for example, the landlord’s obligation to provide written statements, what should be included in them, and what should happen if the Contract is later altered
- types of terms in the written statement - explaining what key matters, fundamental terms, supplementary terms, and additional terms are, and how and when each type of term may be altered from the versions provided in the Welsh Government’s model Occupation Contract
- the Occupation Contract - setting out the contract holder’s right to occupy the dwelling under the Contract without being unlawfully evicted
- the contract holder’s and the landlord’s obligations in relation to the dwelling - stating each party’s obligation to abide by the various obligations contained in the Contract, alongside the contract holder’s obligations related to anti-social behaviour and overcrowding
- assistance and issues - setting out how disputes should be handled and where contract holders can obtain information and assistance relevant to their Occupation Contract
Fundamental terms of the Occupation Contract

The following sections contain fundamental terms of the Contract. These terms are automatically included in all Occupation Contracts. They are important terms that can only be changed in certain circumstances, if at all. For example, some may be changed only if the changes benefit the contract holder.

Withholding rent

This section sets out the contract holder’s right to withhold rent payments from the landlord if the landlord owes them certain compensation payments.

The deposit

This section sets out how any deposit required under the Contract must be handled (eg in accordance with an authorised deposit scheme) and the information that must be provided to the contract holder about this.

Prohibited conduct

Certain things that the contract holder may not do in the dwelling are set out here. For example, there are provisions relating to anti-social behaviour, nuisance, and criminal behaviour.

Control and use of the dwelling

This section states and explains the contract holder’s right to occupy the dwelling without the landlord’s interference. It also sets out when the landlord may enter the property (eg to perform an inspection, having given appropriate notice).

Landlord’s repair obligations

The things that the landlord must do in relation to keeping the dwelling in good repair and order are set out here.

Their obligation to ensure that the dwelling is fit for human habitation is explained, as well as the extent of their obligation to keep it in a reasonable standard of repair. The section sets out situations in which the landlord is not liable for failing to abide by these obligations (eg following a fire or flood) and when the landlord’s obligation to repair arises (eg depending on when they become aware that a repair is necessary).

Dealing

This section explains that the contract holder cannot deal with (eg sell, mortgage, or create a sublease under) their Occupation Contract, except in any ways that are explicitly set out in this Contract.

Joint contract holders

This section explains how the contract holder can add another person to the Occupation Contract as a joint contract holder (eg with the landlord’s consent) and sets out what happens if a joint contract holder dies.

Ending this agreement

Information about ending the Occupation Contract is set out here. For example, this section clarifies that the Contract may only be ended in certain permissible ways (eg those set out in the Contract). It explains how notices regarding ending the Contract should be made and sets out how a possession order will affect the Contract, if granted by the courts.

Options for ending this agreement

This section sets out instances in which the Contract may be ended. Note that these are fundamental terms of the Contract and these methods are enshrined in law (eg you cannot modify the contract to make eviction via these methods easier). It sets out requirements for ending the Contract due to agreement, breach of contract, the contract holder’s death, serious rent arrears, estate management grounds, and by early termination (eg before the contract holder is allowed to move in).

Variation of this agreement

This section sets out the rules for varying (ie changing) the Occupation Contract after it has been created. It explains how different terms may be altered and the requirement for both the landlord and the contract holder to agree to changes.

Written statements and the provision of information

The landlord’s obligation to provide the contract holder with certain information is set out here. The section covers the various instances in which written statements should be provided to the contract holder and how this should be done, as well as which information the landlord must provide about themselves.

Notices

This section states the requirement that any notices or similar made in relation to this Contract should be in writing and in accordance with requirements for the specific type of notice set out in the Renting Homes (Wales) Act 2016.

Supplementary terms of the Occupation Contract

The following sections set out supplementary terms of the Occupation Contract. These terms are automatically included in all Occupation Contracts, but they may be altered if the landlord and contract holder agree and other requirements are met (eg changing them doesn’t contradict a fundamental term).

Rent

This section states that landlords must provide contract holders with a Rent receipt, if requested, and that contract holders do not have to pay rent for days that the home is not fit for human habitation.

Control and use of the dwelling

This section allows contract holders to let other people (eg family members) live in the dwelling with them. It also prohibits the contract holder from carrying out business at the dwelling and explains when the landlord may access the dwelling (eg to conduct repairs, having given notice, or in an emergency).

Contract holders’ repair obligations

Things that the contract holder must do to contribute to keeping the dwelling in a reasonable state of repair are set out here. For example, they must take proper care of the dwelling and its fixtures and must notify the landlord of any faults.

Changes to the dwelling and to utilities

This section starts by setting out a restriction on the contract holder altering the dwelling without the landlord’s permission. It also sets out which utility providers (and similar) the contract holder may and may not change.

Security and safety of the dwelling

The contract holder’s obligation to notify the landlord if the dwelling will be empty for 28 consecutive days (eg if they go on holiday) is set out here, as well as the contract holder’s right to change the dwelling’s locks if required.

Dealing

The term in this section states that the contract holder may take in a lodger if they obtain the landlord’s consent to do so.

When this agreement ends

This section sets out things that the contract holder should do when the Contract ends. For example, remove their belongings from the property. It also explains the contract holder’s right to be repaid rent prepaid for days after they stop living in the property.

Provision of information: inventory

This section sets out the landlord’s obligation to provide the contract holder with an Inventory. It explains when and how this should be done and what the inventory should include, as well as how the contract holder can respond regarding any aspects of the inventory they disagree with.

Notices

This section states the contract holder’s obligation to keep safe and to convey to the landlord any notices delivered to the dwelling for the landlord.

Additional terms of the Occupation Contract

The following sections contain additional terms of the Contract. These terms are not automatically included in Occupation Contracts. They can be included by choice if the landlord and the contract holder both agree to them.

Electronic form of notices

If the contract holder agrees to receive notices relevant to their Occupation Contract electronically, this is set out here, alongside their email addresses.

Contract holder’s break clause

If you choose to allow the contract holder to end the Contract early, if they choose, this section will be included in your Contract. It sets out how the contract holder can end the Contract and how it will end. For example, they must give at least 4 weeks’ notice. It also explains that, if the contract holder gives such notice but does not move out, the landlord may seek a possession order to evict them.

Landlord’s break clause

If you choose to allow the landlord to end the Contract early, if they choose, this section will be included in your Contract. It sets out restrictions on when the clause may be used (eg not within the first 18 months of the Occupation Contract and not when the landlord has breached one of certain landlords’ obligations). It also explains how the break clause will operate. For example, the landlord must give the contract holder at least 6 months’ notice.

The option to include a landlord’s break clause is only available for Contracts for a fixed term of 2 years or longer.

Bills and utility payments

This section sets out which utilities and other payments the landlord and the contract holder are each responsible for.

Pets

This section sets out whether the contract holder is allowed to keep a reasonable number of pets in the dwelling or whether they must obtain permission to keep pets from the landlord on a case-by-case basis. It explains the processes for such consent, if relevant, and the rules on keeping pets.

Insurance

An obligation on the landlord to insure the dwelling is set out here.

Parking

If the contract holder is entitled to use a parking space at or near the property, this is set out here, alongside a description of where the space is located and how it may be used.

Guarantee

If there is a guarantor to the Occupation Contract, their guarantee is set out here (ie their promise to pay the rent and other sums due under the Contract if the contract holder fails to pay).

Signatures

The Contract ends by providing spaces for all parties to sign and date the document.

Appendix

This appendix to the Contract identifies any fundamental or supplementary terms of the Occupation Contract that have been altered from the model Occupation Contract terms. It explains how they have been altered. This is a legal requirement for Occupation Contracts.

If you want your Occupation Contract for a Flat to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review the document for you (or to make the changes for you) to make sure that your modified Occupation Contract complies with all relevant laws and meets your specific needs. Use Rocket Lawyer’s Ask a lawyer service for assistance.
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Legal tips for landlords
Be careful if you change the terms of your Occupation Contract

The new Welsh residential property regime is partly designed to give renters stronger rights. This is largely achieved by making certain terms automatically included in Occupation Contracts by law (ie fundamental and supplementary terms) and by setting restrictions on how these can be changed.

For example, some fundamental terms may be changed but only if the change enhances the contract holder’s rights and doesn’t contradict other fundamental terms. Other fundamental terms cannot be changed at all. Making these changes can be complicated. It’s highly recommended that, if you want to change any terms of your Occupation Contract, especially fundamental or supplementary terms, you Ask a lawyer for assistance.

Make sure you abide by your legal obligations as a landlord

Landlords must abide by certain requirements in order to be a legally compliant and responsible landlord. Many of these obligations relate to ensuring occupiers’ health and safety and stability. It’s important that you follow your obligations, as a moral imperative, as well as to ensure that you can in turn exercise all available landlords’ rights (eg all available eviction methods).

For more information, read the FAQs above, Legal obligations of a landlord, Tenants’ rights, and Tenants’ and owners’ obligations.

Understand when to seek advice from a lawyer

In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that you are well protected from risks. You should consider asking for advice if:
- there are multiple landlords
- you want to add, remove, or change any terms of the Occupation Contract
- you need advice on how to meet one of your landlords’ legal obligations
- you want to allow the contract holder to run a business from the flat
- you want to create an Occupation Contract for a term longer than 2 years and 11 months
- there are more than three potential contract holders who are not one household (eg family), as the dwelling may constitute a house in multiple occupation (HMO) and may need to be licensed
- this Contract doesn’t meet your specific needs
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Occupation Contract for a Flat in Wales FAQs

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What is included in an Occupation Contract for a Flat?
This Occupation Contract for a Flat in Wales template covers:
- key matters of the Occupation Contract (eg the length of the fixed term, rent, dates, party details, and addresses)
- the option to include a guarantor
- whether a tenancy deposit is required
- explanatory information about Occupation Contracts, which the landlord is required to give to the contract holder
- the terms of the Occupation Contract, including terms dealing with permitted uses of the flat, obligations to repair and care for the dwelling, and ending the Contract
- the option to include certain additional terms. These include terms allowing:
  - the landlord to communicate electronically with the contract holder about the Occupation Contract
  - the contract holder to end the Occupation Contract early, in certain circumstances (ie a contract holder’s break clause)
  - the landlord to end the Occupation Contract early, in certain circumstances and if the contract is for a fixed term of two years or longer (ie a landlord’s break clause)
- signing provisions, including an option for the landlord to sign via an agent
- an appendix setting out any terms of your Occupation Contract that are different to the terms that are automatically included in an Occupation Contract by law
Why do I need an Occupation Contract for a Flat?

Most residential properties rented out in Wales are now rented under an Occupation Contract. This new type of agreement was created on 1 December 2022 by the Renting Homes (Wales) Act 2016. Occupation Contracts are comprehensive agreements that automatically include a range of important terms that protect contract holders (ie the person renting a dwelling under the Occupation Contract) and facilitate a fair relationship between the contract holder and the landlord.

An Occupation Contract is generally automatically formed when a residential dwelling (eg a flat) is rented out to somebody in Wales in exchange for rent. This is the case regardless of whether the Contract is written down when it is created.

There is a legal requirement, however, for the landlord to give the contract holder a written statement of their Occupation Contract within 14 days of the date that the contract holder is allowed to move into the dwelling. This Occupation Contract template constitutes a written statement for these purposes. It contains the automatically-included terms that Occupation Contracts must have. Therefore, a landlord and a contract holder can agree to the terms and sign this Contract and, by giving the contract holder a complete copy, the landlord can use it to fulfil their obligation to provide an initial written statement.

For more information, read Occupation contracts in Wales.
How can an Occupation Contract be ended?
Occupation Contracts can be ended in various ways. The options available in a particular situation depend on factors including the type of Occupation Contract, the terms included in the Occupation Contract, and the specifics of the situation.

Generally, a fixed-term standard Contract (such as this one) may be ended if:
- the landlord and the contract holder agree to end it
- the contract holder or the landlord have breached the Contract in a serious manner
- the contract holder is in serious rent arrears
- in some situations, if the contract holder dies or abandons the dwelling
- on estate management grounds
For more information, read Repossessing property in Wales. You can use our eviction notice templates for some of the grounds above, to start the process of repossessing a dwelling let under an Occupation Contract.
What happens at the end of the fixed term?
When the Occupation Contract’s fixed term ends, it will be automatically converted into a periodic standard Contract if the contract holder remains in occupation of the dwelling.

The landlord cannot force the contract holder to leave at the end of the fixed term. If they want to evict them, they must use one of the valid methods of doing so (eg those under the FAQ ‘How can an Occupation Contract be ended’).

This means that the contract holder can keep living in the dwelling in the same manner as before. However, it can be easier to end a periodic Occupation Contract than a fixed-term one. For example:
- the landlord may usually carry out a ‘no fault’ eviction (ie they can evict the tenant without providing a reason why they’re doing so). This process can be started with a Section 173 notice for Wales
- the contract holder can end the Occupation Contract by giving the landlord at least four weeks’ notice
For more information, read Repossessing property in Wales.

This template can be used to create an Occupation Contract with a fixed term of up to 2 years and 11 months, as Occupation Contracts with a term of 3 years or more generally need to be witnessed. Note that the contract holder’s occupation as a result of this Contract may still last longer than 2 years and 11 months, as the Contract will be converted into a periodic standard Occupation Contract at the end of the fixed term. If you want to create an Occupation Contract with an initial fixed term longer than 2 years and 11 months, Ask a lawyer for assistance.
Can I alter this Occupation Contract template?
An Occupation Contract contains specific types of terms:
- fundamental terms - important terms that are automatically included in an Occupation Contract, which either can’t be changed or can’t be changed unless:
  - the changes benefit the contract holder, and
  - the landlord and contract holder both agree to the changes
- supplementary terms - important terms that are automatically included in an Occupation Contract, which can usually be changed if the landlord and contract holder both agree to the changes
- additional terms - terms that may be included in an Occupation Contract if the landlord and contract holder both agree to them. Additional terms must also not, for example, conflict with fundamental or supplementary terms
When an Occupation Contract includes a fundamental or a supplementary term that has been significantly changed (ie its meaning has been changed, not just its wording), the terms that have been changed (or removed) and the changes made must be recorded.

This template will automatically note in an appendix any relevant terms that are altered when you complete our interview questions. If you want to alter any other terms of the Occupation Contract, make sure you do so in accordance with the law (eg the requirements for different types of terms, above), and consider Asking a lawyer for help.

An Occupation Contract may be varied after it has been created. The rules above (concerning different types of terms) must still be followed and the contract holder and the landlord must agree to the variation. The landlord must also give the contract holder a new, updated written statement of the Occupation Contract or a written statement of the terms that have changed.

For more information, read Occupation contracts in Wales.
What else do I need to do when renting out a flat in Wales?
Alongside providing a written statement, things that landlords must do when renting out a flat include:
- giving the contract holder a copy of the inventory. You should attach an inventory to this template to ensure you meet this obligation. You can use our template to create your inventory
- registering, and becoming licensed (or working through an agent who is licensed), with Rent Smart Wales
- protecting the contract holder’s deposit in an authorised deposit scheme, complying with the scheme’s rules, and providing the contract holder with the required information about the chosen deposit scheme
- providing the contract holder with a current Energy Performance Certificate (EPC), electrical condition report, and gas safety record
- ensuring the flat is fit for human habitation (including having adequate smoke alarms and carbon monoxide detectors installed)
It’s also good practice to give contract holders a copy of Rent Smart Wales’ guide ‘A Home in the Private Sector: a Guide for Tenants in Wales’.

For more information, read Legal obligations of a landlord.
Can I have multiple landlords or multiple contract holders under this Occupation Contract?

It is possible to have both joint landlords and joint contract holders under an Occupation Contract. In both cases, the rights and obligations associated with the role will generally be held by all landlords or all contact holders jointly. You can have as many joint contract holders as desired.

However, this Occupation Contract template is not designed to be used for multiple joint landlords. If you need an Occupation Contract for multiple landlords, you should Ask a lawyer for help.
Can the landlord require a guarantor?

A guarantor is somebody who ‘guarantees’ the contract holder’s promise to pay rent. This means that, if the contract holder fails to meet their rent payments, the guarantor must pay the rent to the landlord instead.

The landlord can require that the contract holder has a guarantor, who will also sign this Occupation Contract. This can be appropriate if, for example, the contract holder is a student or an early-career self-employed person with irregular income.

For more information, read Picking a tenant.
When is this Occupation Contract template inappropriate?

This Occupation Contract is designed specifically to be used to rent out a flat. If you’re renting out another kind of dwelling in Wales, you could use an Occupation contract for a house in Wales or an Occupation contract for a room in Wales.

If you want to rent out a spare room in the dwelling that you live in (ie as a live-in landlord), you can use a Lodger agreement. For more information, read Taking in a lodger.

If you’re renting out property elsewhere in the UK, you can use our other Tenancy agreement templates for England and Scotland.

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Create your document by following Rocket Lawyer’s step by step interview process. If you need to edit your answers after creating your document, you can return to the interview to do so. Get started now!
Check that your Occupation Contract for a Flat in Wales is suitable

Read the document to make sure it meets your needs and that you’ve provided all of the necessary information about the contract holder’s occupation of the flat. Make sure that everybody involved (ie all landlords, all contract holders, and any guarantors) agree to all of the terms. Remember that, if you have any questions, you can Ask a lawyer for advice.
Sign to make it legal

Each party to the Occupation Contract must sign the document. Make sure to follow the correct signing process.
Securely sign online and invite others to sign with RocketSign®
Store your document

Each party should keep their own original signed copy of the Occupation Contract.
Attach an inventory

Attach a copy of your Inventory for the dwelling to the Occupation Contract.
Comply with your legal obligations as a landlord

Residential property law requires that landlords do certain things when renting out a dwelling. Make sure that you comply with these obligations in order to be a responsible and legally compliant landlord.
Important details
- The landlord can have an agent sign on their behalf.
- If there are multiple contract holders or guarantors, make sure that all of them sign the Contract.
- Landlords must provide contract holders with an inventory within 14 days of the date on which the contract holder is allowed to move into the dwelling.
- It’s good practice to give contract holders a copy of Rent Smart Wales’ guide ‘A Home in the Private Sector: a Guide for Tenants in Wales’.

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About this page

We believe legal information should be both reliable and easy to understand—so you don't need a law degree to feel informed.

Editorial policy & processes:

At Rocket Lawyer, we follow a rigorous editorial policy to ensure all our content is helpful, clear, and as accurate and up-to-date as possible. This page was created, edited and reviewed by editorial staff who specialise in translating complex legal topics into plain language:

Information on this page was written and reviewed by Rocket Lawyer editorial staff
This page was last reviewed or updated on 2 June 2026
Our Occupation Contract for a Flat in Wales template was created and reviewed by our team of Legal Pros

Legal sources:

This Occupation Contract for a Flat in Wales is governed by the laws of Wales. Some of the sources and laws relevant to this Occupation Contract include:

Please note:

This page offers general legal information, but not legal advice tailored for your specific legal situation. For more information on this topic, you can Ask a Legal Pro.

Last reviewed or updated 02/06/2026

What we'll cover

What is an Occupation Contract for a Flat in Wales?

When should I use an Occupation Contract for a Flat?

STANDARD OCCUPATION CONTRACT FOR THE LET OF A DWELLING IN WALES

Key Matters

Definitions and Interpretation

Explanatory Information for the Contract Holder

Written Statements

Types of Terms in the Written Statement

The Occupation Contract

The Contract Holder’s and the Landlord’s Obligations in Relation to the Dwelling

Assistance and Issues

Fundamental Terms of the Occupation Contract

Withholding Rent

The Deposit

Prohibited Conduct

Control and Use of the Dwelling

Landlord’s Repair Obligations

Dealing

Joint Contract Holders

Ending This Agreement

Options for Ending This Agreement

Variation of This Agreement

Written Statements and the Provision of Information

Notices

Supplementary Terms of the Occupation Contract

Rent

Control and Use of the Dwelling

Prohibition of Discrimination Against People With Children and Benefits Claimants

Contract Holder’s Repair Obligations

Changes to the Dwelling and to Utilities

Security and Safety of the Dwelling

Dealing

When This Agreement Ends

Provision of Information: Inventory

Notices

Additional Terms of the Occupation Contract

Bills and Utility Payments

Pets

Insurance

Signatures

About Occupation Contracts for Flats in Wales

Learn more about making your Occupation Contract for a Flat in Wales

How to make an Occupation Contract for a Flat in Wales

Common terms in an Occupation Contract for a Flat in Wales

Legal tips for landlords

Occupation Contract for a Flat in Wales FAQs

What is included in an Occupation Contract for a Flat?

Why do I need an Occupation Contract for a Flat?

How can an Occupation Contract be ended?

What happens at the end of the fixed term?

Can I alter this Occupation Contract template?

What else do I need to do when renting out a flat in Wales?

Can I have multiple landlords or multiple contract holders under this Occupation Contract?

Can the landlord require a guarantor?

When is this Occupation Contract template inappropriate?

Our quality guarantee

Need help? No problem!

Occupation Contract for a Flat in Wales checklist

Complete your Occupation Contract for a Flat in Wales with our Make it Legal™ checklist

Make your document

Check that your Occupation Contract for a Flat in Wales is suitable

Sign to make it legal

Securely sign online and invite others to sign with RocketSign®

Store your document

Attach an inventory

Comply with your legal obligations as a landlord

Important details

Answer questions to personalise your Occupation Contract

Ask our Legal Pros your questions or have them review your document

Sign and store securely online, then download, print, and share

Use your document confidently

Related documents

Rocket Lawyer members who started an Occupation Contract for a Flat also made:

Inventory

Initial Holding Deposit Form

Property Inspection Report

Rent Receipt

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