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Update Occupation Contract WalesUpdate Occupation Contract Wales
Learn how to update your occupation contract correctly in Wales, including when landlords need to change rent, vary terms, or issue an updated written statement under the Renting Homes (Wales) Act 2016.
Reviewed
21 March 2026
Applies to
Wales only
Current position
Wales tenancy pages should reflect the Renting Homes (Wales) Act 2016, occupation contract terminology, the written statement deadline, and the distinct Welsh possession notice framework.
Start here if you need the main guide on this issue. If your situation is narrower or you want the next practical step, go to Wales written statement requirements.
If you want the wider background first, read Wales occupation contract template.
Ready to act? The quickest route from here is update your Wales tenancy agreement pack.
When Do You Need to Update an Occupation Contract?
Understanding when updates are necessary and the procedures to follow under Welsh law.
There are several situations where you may need to update your occupation contract or the written statement in Wales. The Renting Homes (Wales) Act 2016 has specific procedures for different types of changes.
Some changes can be made unilaterally by following statutory procedures (like rent increases), while others require agreement with the contract-holder. Understanding which procedure applies is essential to making valid changes.
- Rent increases: You can increase rent by following the statutory procedure, even without the contract-holder's agreement (though they can challenge it).
- Changing other terms: You generally need the contract-holder's agreement to change supplementary or additional terms during the contract.
- Adding or removing contract-holders: Requires updating the written statement and potentially creating a variation agreement.
- Correcting errors: If your original written statement was incomplete or incorrect, you must provide a corrected version.
- Renewing after fixed term: When a fixed term ends, you may want to grant a new fixed term with updated terms.
Written Statement Must Be Updated
Whenever terms change, you must provide an updated written statement to the contract-holder within 14 days. Failure to do so is a breach of your obligations.
What Triggers an Update
- Rent increase takes effect
- Terms varied by agreement
- Contract-holder added or removed
- Correcting incomplete statement
Consequences of Not Updating
- Breach of landlord obligations
- Contract-holder can apply to tribunal
- May affect your possession rights
- Creates confusion about current terms
How to Increase Rent Under an Occupation Contract
The statutory procedure for rent increases in Wales.
Written Notice Required
Serve a rent increase notice using the prescribed form. The notice must state the new rent amount and the date it takes effect.
Minimum Notice Period
You must give at least 2 months notice before the rent increase takes effect. The increase cannot take effect during a fixed term.
Tribunal Challenge
The contract-holder can refer the increase to a tribunal within 2 months of receiving notice. The tribunal decides if the rent is reasonable.
The Rent Increase Process
Unlike England where you might simply agree a new rent, Welsh law provides a formal statutory procedure for rent increases under occupation contracts. Even if you agree the increase verbally with the contract-holder, following the formal process protects both parties.
- Serve the prescribed notice: Use the correct form for a rent increase notice under the Renting Homes Act. Include the current rent, new rent amount, and effective date.
- Allow 2 months notice: The increase cannot take effect until at least 2 months after you serve the notice.
- Wait for any challenge: The contract-holder has 2 months from receiving the notice to refer it to a tribunal. If they do not, the increase takes effect on the stated date.
- Update the written statement: Within 14 days of the new rent taking effect, provide an updated written statement showing the new rent amount.
Changing Other Contract Terms
How to vary supplementary and additional terms during the contract.
Fundamental Terms Cannot Be Changed
Fundamental terms are set by law and cannot be varied, even by agreement between landlord and contract-holder. These include landlord repair obligations, fitness for human habitation requirements, and deposit protection rules.
Any attempt to contract out of fundamental terms is void and unenforceable.
Supplementary Terms
Supplementary terms (defaults that apply unless varied) can be changed by agreement between you and the contract-holder. Both parties must agree to the variation in writing.
- Discuss and negotiate the change
- Document the agreement in writing
- Both parties sign the variation
- Update written statement within 14 days
Additional Terms
Additional terms (property-specific terms you added) can also be varied by agreement. This might include changing pet policies, garden responsibilities, or parking arrangements.
Remember: any new or varied additional terms must still be fair and cannot contradict fundamental terms.
Need a New Occupation Contract?
If you are making significant changes or renewing after a fixed term, creating a fresh contract may be simpler than multiple variations.
New Contract vs Variation Agreement
Deciding whether to vary the existing contract or create a new one.
Variation Agreement
A variation agreement amends the existing contract without ending it. Use when making minor changes.
- Simpler for small changes
- Deposit protection continues
- Original occupation date maintained
- Less paperwork
New Contract
A new contract replaces the existing one entirely. Use when making significant changes or starting fresh.
- Clean slate with updated terms
- New fixed term if desired
- Clear documentation of current terms
- May need to re-protect deposit
Tip: If you are changing contract-holders (adding or removing names), a new contract is often cleaner than trying to vary the existing one. Check deposit protection requirements when doing so.
Standard vs Premium Occupation Contract
If creating a new contract, choose the right option for your situation.
Standard Contract
£14.99
A complete, legally valid occupation contract with all fundamental and supplementary terms.
- Renting Homes Act 2016 compliant
- All fundamental terms included
- Deposit protection clauses
- Written statement format
- Fixed-term or periodic options
Premium Contract
£24.99
Enhanced protection with additional clauses for complex situations.
- Everything in Standard
- Break clause options
- Guarantor agreement included
- Pet policy clauses
- Garden and parking terms
- Professional cleaning clause
What If Your Written Statement Was Incomplete?
Correcting problems with your original documentation.
If you realise your original written statement was missing required terms or contained errors, you should correct it as soon as possible. An incomplete written statement affects your rights and may prevent you from serving valid possession notices.
The Impact of Incomplete Statements
Even if your written statement was incomplete, the statutory fundamental and supplementary terms apply automatically by operation of law. However, proving what was agreed and serving valid notices becomes more difficult without proper documentation.
How to Correct the Problem
- Provide a corrected statement: Give the contract-holder a complete written statement containing all required terms. Date it and keep a copy.
- Acknowledge the correction: The corrected statement should note that it replaces or supplements the original and contains the complete terms.
- Consider Section 173 timing: If you never provided a compliant written statement, you cannot serve a Section 173 notice until 6 months after you provide one.
Contract-Holder Tribunal Rights
A contract-holder can apply to the Residential Property Tribunal if you have not provided a written statement or if the statement is incomplete. The tribunal can order you to provide a proper statement and may make an award against you.
Update Occupation Contract FAQ
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