How Long Can the Tenancy Term Be, and When Can I End It in Wales, UK

In Wales, residential renting is governed by the Renting Homes (Wales) Act 2016, which replaced traditional tenancies with Assured Shorthold Tenancies (ASTs). This modern framework offers flexibility in setting the length of tenancies while introducing clear rules on how and when they can end.

For landlords and tenants alike, understanding fixed-term and periodic occupation contracts, notice requirements, and the rules governing the termination of agreements is essential for compliance and good practice.

No Minimum Legal Term

Under the Renting Homes (Wales) Act 2016, there is no legal minimum term for an occupation contract.

This means landlords and tenants can agree on the following:

• Very short fixed terms (such as six months or even less).
• Long fixed terms (such as several years).
• Periodic contracts with no defined end date.

However, the term must be specified in the written statement of the occupation contract.

While there is no legal minimum, many landlords use a fixed term of six or twelve months to provide stability and predictability.

Fixed-Term Occupation Contracts

A fixed-term occupation contract runs for a specific period agreed at the outset (for example, 12 months).

Key features include:

• The contract for the entire term binds both landlord and tenant.
• Neither party can unilaterally end it early without a break clause.
• Rent levels and other terms are agreed in advance for the whole period.

This offers security for both sides. Tenants know they cannot be evicted without cause, and landlords know the property is let for a defined time.

Ending a Fixed-Term Contract

During the fixed term, the landlord generally cannot evict the tenant without grounds.

There are only a few exceptions:

• If the occupation contract includes a landlord’s break clause, the landlord can end the agreement early by giving the required notice under the clause. The break clause must provide at least six months’ notice.
• If the tenant has seriously breached the contract (e.g. rent arrears, antisocial behaviour), the landlord can apply for possession using the serious rent arrears or prohibited conduct grounds.

Without a break clause or serious breach, the landlord must wait until the end of the fixed term before seeking possession.

What Happens at the End of a Fixed Term

When a fixed-term occupation contract ends, two things can happen:

• The parties can agree to renew it for another fixed term.
• If neither side signs a new agreement, the contract automatically converts to a periodic standard occupation contract.

This conversion is automatic under the Renting Homes (Wales) Act 2016. It ensures tenants cannot be forced to leave immediately when the fixed term ends, providing security and continuity.

Periodic Occupation Contracts

A periodic standard occupation contract has no set end date. It runs on a repeating cycle—most often monthly, but sometimes weekly.

Key features:

• Offers flexibility for both landlord and tenant.
• The tenant can terminate the contract by providing notice (typically at least four weeks’ notice).
• The landlord can seek possession by providing the required notice under the Act.

Landlord Notice to End Periodic Contracts

For landlords, ending a periodic standard occupation contract requires following strict notice rules.

There are two main types of notice landlords can use:

Standard Notice (No-Fault Eviction)

• Known legally under Section 173 of the Act.
• The landlord does not have to prove the tenant’s fault.
• The landlord must provide at least six months’months’ written notice.
• The six-month rule applies to new contracts entered into on or after 1 December 2022.
• Landlords cannot serve this notice during the first six months of the contract.

This long notice period is designed to provide tenants with stability and sufficient time to find alternative accommodation.

Grounds-Based Possession

• Used when the tenant has breached the terms of the contract.
• Includes serious rent arrears, antisocial behaviour, property damage, or other breaches.
• The required notice period can be much shorter, depending on the ground.

For example, serious rent arrears often allow landlords to seek possession with as little as four weeks’ notice.

These grounds-based routes are designed to help landlords deal with problem tenancies fairly but firmly.

Tenant Notice to End Periodic Contracts

Tenants can also terminate a periodic occupation contract by providing at least four weeks’weeks’ written notice.

This gives tenants the flexibility to move out when they choose while allowing landlords a reasonable amount of time to prepare the property for vacancy.

Break Clauses in Fixed-Term Contracts

A break clause is a term in a fixed-term occupation contract that allows one or both parties to end the contract early.

For landlords:

• Any break clause must provide at least six months’ notice.
• The landlord generally cannot exercise the clause within the first six months of the contract.

Break clauses must be transparent, fair, and agreed upon by both parties when the contract is signed.

Rules About Retaliatory Eviction

The Renting Homes (Wales) Act 2016 contains strong protections against retaliatory eviction.

If a tenant has complained about disrepair or unsafe conditions and the landlord has not resolved it:

• Local authorities can serve an improvement notice.
• The landlord may be barred from serving a no-fault eviction notice for a specific period (usually six months).

This ensures tenants can request repairs without fear of being evicted in retaliation.

No-Fault Notices and Section 173

Section 173 of the Renting Homes (Wales) Act 2016 governs no-fault evictions.

Key points:

• The landlord must give at least six months’ notice.
• Cannot serve the notice in the first six months of a new contract.
• Designed to ensure tenants have security and time to plan a move.

Landlords must use the correct prescribed form and follow service rules carefully.

Possession Proceedings

If the tenant does not leave by the date specified in the valid notice:

• The landlord can apply to the court for a possession order.
• Courts will expect strict compliance with the notice requirements.
• Improper or invalid notices will be rejected, which may delay possession.

Summary of Notice Periods

• Fixed term: Generally cannot end early unless using a break clause or grounds-based possession.
• Periodic contracts – no-fault (Section 173): Six months’ notice required.
• Periodic contracts – tenant notice: Four weeks’ notice is required.
• Grounds-based possession: The notice period depends on the ground (some can be as short as four weeks for serious breaches).

Best Practice for Landlords

Professional landlords should:

• Use clear, written occupation contracts.
• Understand fixed-term vs. periodic agreements.
• Include clear, fair break clauses if desired.
• Serve all notices in writing using the correct forms and procedures.
• Provide tenants with the whole required notice period.
• Keep records of all communications and notices.
• Comply with Rent Smart Wales licensing requirements.

These practices help avoid disputes, court delays, and legal penalties.

Supporting Tenants

For tenants, these rules mean:

• Greater security in their homes.
• Clear, fair notice if asked to leave.
• Protection from retaliatory eviction.
• Flexibility to end periodic contracts with four weeks’ notice.

Understanding these rights helps tenants plan confidently and assert their protections if needed.

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
• Citizens Advice Wales – Housing Help: www.citizensadvice.org.uk/wales
• Law Wales – Renting Homes Act Overview: law.gov.wales/housing-and-local-services/renting-homes

FAQs

Is there a minimum rental term in Wales?

No. There’s no legal minimum term. Landlords and tenants can agree on any length, though many use six or twelve months.

Can landlords evict tenants during a fixed-term lease?

Generally, no, unless there is a valid break clause or serious tenant breach.

What notice must landlords give for no-fault eviction?

Six months’ written notice for periodic standard occupation contracts.

When can landlords serve a no-fault notice?

Not within the first six months of a new occupation contract.

What notice do tenants need to give to leave?

At least four weeks’ written notice for periodic contracts.

What happens at the end of a fixed term?

If not renewed, it automatically converts to a periodic contract.

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