When Do I Need to Issue a Written Statement (Occupation Contract)

Under the Renting Homes (Wales) Act 2016, landlords in Wales have a clear legal duty to provide every contract holder with a Written Statement of their occupation contract. This document outlines all the terms of the occupation contract in writing, ensuring clarity and consistency for both landlords and tenants.

Providing this Written Statement is not optional—it is a legal requirement designed to protect both parties and prevent disputes. Landlords who fail to provide one can face penalties and lose their right to serve certain types of notices.

What Is a Written Statement

A Written Statement is the formal, written record of the occupation contract between a landlord and a contract-holder (tenant).

It includes:

• All fundamental terms (those required by law).
• Any supplementary terms (default terms that can be modified by agreement).
• Any additional terms (any other agreed-upon lawful terms).

This document ensures that the contract holder understands their rights and responsibilities, as well as the landlord’s obligations, precisely.

Why Is the Written Statement Important

The Written Statement is essential because:

• It gives contractholders certainty about their legal rights.
• It prevents misunderstandings and disputes.
• It demonstrates that the landlord is complying with the law.
• It serves as a single point of reference for both parties throughout the tenancy.

It is part of the broader drive under the Renting Homes (Wales) Act 2016 to professionalise renting in Wales, making renting safer, more transparent, and fairer for everyone.

Legal Requirement for Existing Tenancies

When the Renting Homes (Wales) Act 2016 took effect on 1 December 2022, all existing tenancies in Wales automatically converted into occupation contracts.

For these existing tenancies, landlords were required to provide the Written Statement by 31 May 2023.

This six-month transition period was intended to give landlords time to:

• Understand the new legal requirements.
• Prepare new Written Statements reflecting the terms of the occupation contract.
• Issue them to their contract holders promptly.

Why the 31 May 2023 Deadline Matters

This deadline was established by law to ensure that all converted tenancies transitioned quickly to the new legal framework.

Failing to provide the Written Statement by 31 May 2023 means:

• The landlord is in breach of the Renting Homes (Wales) Act 2016.
• The contract holder can apply to the court for a penalty payment of up to two months’ rent.
• The landlord may lose certain rights (for example, the ability to serve specific possession notices effectively).

The Written Statement is, therefore, not just best practice but a legal requirement with real consequences for non-compliance.

Legal Requirement for New Tenancies

For any new occupation contract that starts on or after 1 December 2022, the landlord must provide the Written Statement within 14 days of the start date.

This is a clear and strict timeframe.

If a landlord fails to provide the Written Statement within these 14 days:

• The landlord is in breach of the Act.
• The contract holder can apply to the court for a penalty payment.
• The landlord risks difficulties enforcing contract terms, including serving valid possession notices.

Summary of Timeframes

• Existing Tenancies (converted contracts): A written Statement was required by 31 May 2023.
• New Tenancies: A written Statement must be given within 14 days of the occupation date.

These timeframes are legally enforced and designed to protect tenants and professionalise the sector.

What Must Be Included in the Written Statement

The law is very clear about what must go in the Written Statement.

It includes:

• Names of the parties (landlord and contract-holder).
• Address of the dwelling.
• The start date of the contract.
• Rent and payment details.
• All fundamental terms (e.g. landlord’s repair obligations, notice periods).
• Any supplementary terms (e.g. rules about pets or gardens).
• Any additional terms (anything else agreed, provided it is lawful).
• Information about deposit protection if a deposit is taken.

It must be clear, accurate, and comprehensive.

Amending the Written Statement

If any term of the occupation contract changes—for example, if the rent changes or additional terms are agreed upon—the landlord must issue a written variation.

This ensures that the Written Statement always reflects the accurate and current terms of the agreement.

Failing to keep the Written Statement up to date can lead to disputes and potential legal penalties.

Penalties for Failing to Provide a Written Statement

Landlords who fail to provide a Written Statement on time face clear legal consequences.

These include:

• Compensation to the contract holder: A court may award up to two months’ rent.
• Enforcement difficulties: Without a valid Written Statement, landlords may struggle to use specific possession routes or enforce contract terms.
• Damage to reputation: Failing to comply with these basic obligations undermines trust and can harm a landlord’s standing with local authorities or Rent Smart Wales.

Rent Smart Wales and Compliance

Rent Smart Wales is the national body responsible for landlord registration and licensing in Wales.

As part of licensing requirements, landlords must demonstrate they understand and comply with the Renting Homes (Wales) Act 2016.

Providing a Written Statement on time is a fundamental compliance duty. Failing to do so can impact a landlord’s ability to register or obtain a license or result in enforcement action by local authorities.

Best Practice for Landlords

To comply with the law and maintain professional standards, landlords should:

• Prepare Written Statements in advance for new occupation contracts.
• Issue them on or before the 14th day of the new contract.
• For existing converted tenancies, ensure they meet the deadline of 31 May 2023.
• Retain clear records of when and how the Written Statement was provided.
• Update the Written Statement promptly if any terms change.
• Communicate clearly and respectfully with contract-holders about their rights.

Supporting Tenants

A clear Written Statement supports tenants by:

• Clarifying their rights and responsibilities.
• Providing a single, reliable reference point.
• Reducing misunderstandings and disputes.
• Giving tenants confidence that they are being treated fairly and by the law.

Role of Local Authorities

Local authorities in Wales have powers to enforce the Renting Homes (Wales) Act 2016.

If landlords fail to provide Written Statements:

• Tenants can complain to the local authority.
• Councils can investigate and take enforcement action.
• Landlords may face prosecution or civil penalties.

Transition to the New System

The move from traditional tenancies to occupation contracts under the Renting Homes (Wales) Act 2016 was a significant change.

The 31 May 2023 deadline for existing tenancies was designed to:

• Ensure every tenant in Wales benefits from the new protections.
• Ensure every landlord understands and implements their legal duties.
• Establish a modern, consistent rental system nationwide.

Continuing Responsibilities

Providing the initial Written Statement is just the beginning. Landlords must also:

• Keep records up to date.
• Provide variations in writing if terms change.
• Respect all other requirements of the Renting Homes (Wales) Act 2016, such as fitness for human habitation, proper notice periods, and protection against retaliatory eviction.

External Useful Links

• Welsh Government Renting Homes Guidance: www.gov.wales/renting-homes
• Rent Smart Wales: www.rentsmart.gov.wales
• Shelter Cymru – Tenant and Landlord Advice: www.sheltercymru.org.uk

FAQs

What is a Written Statement?

It is the formal document that landlords must provide, setting out all the terms of an occupation contract in writing.

When did the Renting Homes (Wales) Act 2016 take effect?

It came into full effect on 1 December 2022.

What was the deadline for existing tenancies?

Landlords had to provide Written Statements for converted tenancies by 31 May 2023.

What about new tenancies?

Landlords must provide the Written Statement within 14 days of the occupation date.

What happens if landlords don’t provide it?

Tenants can apply to court for a penalty of up to two months’ rent, and landlords may face difficulties enforcing notices.

Can landlords change terms later?

Yes, but they must provide a written variation to the contract holder.

Is providing a Written Statement optional?

No. It is a legal requirement under the Renting Homes (Wales) Act 2016.

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