Introduction

One of the most important requirements introduced by the Renting Homes (Wales) Act 2016 is the obligation for landlords to provide contract-holders with a written statement of their occupation contract.

The written statement is a key document that explains the terms of the occupation contract and provides contract-holders with important information about their rights and responsibilities. It replaces the traditional tenancy agreement approach used before the implementation of the Renting Homes (Wales) Act 2016 and forms an essential part of the Welsh renting framework.

Failure to provide a compliant written statement can have serious consequences for landlords, including financial penalties, compensation claims, and difficulties obtaining possession of the property.

This lesson examines the requirements relating to written statements, the time limits for providing them, the consequences of non-compliance, the prescribed information that must be included, and best practice approaches to documentation and record-keeping.

What Is a Written Statement?

A written statement is a document that sets out the terms of an occupation contract.

It explains:

• The rights of the contract-holder.
• The obligations of the landlord.
• The contractual terms governing occupation.
• Important legal information required by legislation.

The written statement forms a key part of the contractual relationship between the parties.

Purpose of the Written Statement

The Welsh Government introduced written statements to improve transparency and ensure contract-holders understand the terms under which they occupy a property.

The written statement helps:

• Clarify legal rights.
• Reduce misunderstandings.
• Improve consistency.
• Support compliance.
• Provide evidence of contractual arrangements.

A properly drafted written statement benefits both landlords and contract-holders.

Why Written Statements Are Important

The written statement is more than a simple administrative requirement.

It serves as evidence of:

• The occupation contract.
• Contract terms.
• Rent obligations.
• Occupation rights.
• Repair responsibilities.

If disputes arise, the written statement often becomes one of the most important documents relied upon by the parties and the court.

Written Statement Requirements

The Renting Homes (Wales) Act 2016 requires landlords to provide a written statement containing the terms of the occupation contract.

The document must accurately reflect the contractual arrangement between the parties.

Information That Must Be Included

The written statement should contain:

• The landlord’s details.
• The contract-holder’s details.
• Property address.
• Occupation contract type.
• Rent information.
• Contract terms.
• Rights and responsibilities.
• Possession provisions.
• Repair obligations.

The document should clearly explain the contractual relationship.

Accuracy Is Essential

The written statement should accurately reflect:

• The agreed terms.
• The current legal position.
• Any permitted modifications.

Outdated or inaccurate documents can create compliance problems and increase the likelihood of disputes.

Time Limits for Providing Written Statements

The Renting Homes (Wales) Act 2016 imposes strict time limits for providing written statements.

Landlords must ensure compliance with these requirements.

New Occupation Contracts

For new occupation contracts, the written statement must generally be provided within 14 days of the occupation date.

The occupation date is normally the date on which the contract-holder becomes entitled to occupy the property.

Converted Occupation Contracts

When the legislation first came into force, many existing tenancy agreements automatically converted into occupation contracts.

Specific transitional rules applied to those contracts.

Most landlords will now primarily deal with new occupation contracts rather than converted arrangements.

Why Timing Matters

Providing the written statement promptly helps ensure that contract-holders understand:

• Their rights.
• Their obligations.
• Contract terms.
• Occupation conditions.

Delays may result in legal consequences for landlords.

Providing Updated Written Statements

Circumstances sometimes change during the life of an occupation contract.

Examples may include:

• Contract variations.
• Changes to landlord details.
• Changes to contract terms.

In certain situations, landlords may be required to provide updated information or revised documentation.

Accurate record-keeping is therefore essential.

Consequences of Failing to Provide a Written Statement

Failure to provide a compliant written statement can have serious implications.

Many landlords underestimate the importance of this requirement.

Compensation Claims

A contract-holder may be entitled to claim compensation where the landlord fails to provide a written statement within the required timescale.

The amount payable will depend upon the circumstances and the provisions of the legislation.

Difficulties Obtaining Possession

Certain possession procedures may be affected if the landlord has failed to comply with written statement requirements.

This can delay possession proceedings and create additional legal costs.

Increased Risk of Disputes

Without a written statement, disagreements may arise regarding:

• Rent.
• Repairs.
• Contract terms.
• Occupation rights.

Clear documentation reduces uncertainty and improves communication.

Compliance Issues

Failure to provide required documentation may also be viewed as evidence of poor management practices.

Professional landlords should treat compliance as a priority.

Prescribed Information

The written statement must include specific prescribed information required by Welsh housing legislation.

This information helps contract-holders understand key aspects of the occupation contract.

Landlord Information

The written statement should identify:

• The landlord.
• Contact details.
• Correspondence information where required.

Contract-holders should know who is responsible for managing the property.

Property Information

The written statement should clearly identify:

• The dwelling.
• Occupation address.
• Relevant occupancy arrangements.

This ensures there is no uncertainty regarding the property subject to the contract.

Rent Information

Details should include:

• Rent amount.
• Payment frequency.
• Payment method.
• Rent due dates.

Clear rent provisions reduce the likelihood of disputes.

Contract Terms

The written statement should include:

• Fundamental Terms.
• Supplementary Terms.
• Additional Terms.

These provisions collectively form the occupation contract.

Possession Information

The document should explain the possession arrangements that apply under the occupation contract.

This helps contract-holders understand their legal position.

Repair Obligations

The statement should explain:

• Landlord repairing responsibilities.
• Contract-holder obligations.
• Reporting procedures.

Repair responsibilities are a common source of disputes, making clarity particularly important.

Fundamental Terms Within the Written Statement

Fundamental Terms form a key component of the written statement.

These terms address matters such as:

• Security of occupation.
• Possession procedures.
• Succession rights.
• Repair obligations.

Many of these provisions are prescribed by legislation.

Supplementary Terms Within the Written Statement

Supplementary Terms provide practical provisions relating to:

• Access arrangements.
• Occupier conduct.
• Notification procedures.
• Day-to-day management matters.

These terms help support effective property management.

Additional Terms Within the Written Statement

Additional Terms may address property-specific matters.

Examples include:

• Parking arrangements.
• Garden maintenance.
• Pet permissions.
• Storage areas.

These terms should be fair, clear, and legally compliant.

Best Practice Documentation

Good documentation practices help landlords demonstrate compliance and reduce disputes.

Professional landlords typically maintain organised records throughout the occupation contract.

Use Current Welsh Documentation

Landlords should ensure they use:

• Up-to-date occupation contracts.
• Current written statement templates.
• Welsh-compliant documents.

Using outdated English tenancy agreements can create significant compliance issues.

Retain Signed Copies

Landlords should keep copies of:

• Written statements.
• Contract variations.
• Occupation contracts.
• Related correspondence.

These records may be required years later.

Maintain Digital Records

Electronic storage can provide several advantages.

Benefits include:

• Improved organisation.
• Easier retrieval.
• Secure backups.
• Reduced paperwork.

Records should be stored securely and protected against unauthorised access.

Record Service of Documents

Landlords should retain evidence showing that documents have been provided.

Examples include:

• Certificates of posting.
• Signed acknowledgements.
• Email delivery records.
• Digital signatures.

Proof of service can be extremely valuable if disputes arise.

Create a Compliance File

A dedicated compliance file should contain:

• Written statements.
• Occupation contracts.
• Safety certificates.
• Deposit records.
• Inspection reports.
• Licensing information.

Keeping records together makes compliance management significantly easier.

Common Mistakes Made by Landlords

Common errors include:

• Missing the 14-day deadline.
• Using outdated contracts.
• Failing to provide complete documentation.
• Not retaining proof of service.
• Failing to update records after variations.
• Keeping poor compliance records.

Avoiding these mistakes can reduce legal and financial risks.

Benefits of Good Documentation

Well-maintained records help landlords:

• Demonstrate compliance.
• Defend claims.
• Support possession proceedings.
• Reduce disputes.
• Improve professionalism.
• Manage properties more efficiently.

Documentation is one of the most effective risk-management tools available to landlords.

Lesson Summary

Written statements are a fundamental component of occupation contracts in Wales. Landlords must provide a compliant written statement containing the prescribed information and contractual terms within the statutory timescales.

Failure to comply may result in compensation claims, possession difficulties, and increased legal risks. By understanding written statement requirements, maintaining accurate records, and adopting robust documentation procedures, landlords can improve compliance, reduce disputes, and manage their properties more effectively.

Knowledge Check

Question 1

What is the purpose of a written statement?

A. To replace safety certificates

B. To set out the terms of the occupation contract

C. To register the property

D. To protect the deposit

Question 2

How soon should a written statement generally be provided for a new occupation contract?

A. Within 7 days

B. Within 14 days

C. Within 30 days

D. Within 60 days

Question 3

What may happen if a landlord fails to provide a written statement?

A. Automatic rent increases

B. Compensation claims and compliance issues

C. Mortgage cancellation

D. Loss of ownership

Question 4

Which category of terms must be included within a written statement?

A. Fundamental Terms

B. Supplementary Terms

C. Additional Terms

D. All of the above

Question 5

Why should landlords retain proof that documents have been served?

A. To support compliance and resolve disputes

B. To increase rent automatically

C. To avoid repairs

D. To remove contract-holder rights

Answers

1. B
2. B
3. B
4. D
5. A