Which Tenancy Agreement?

Answer:

You will probably be looking to issue a fixed-term occupation contract.

This works in a similar way to the English fixed-term contracts with one big difference.

As I will be discussing on the next page, Welsh landlords have to provide a tenancy agreement which has terms which are prescribed by the Welsh legislation.  Some of these can be amended.  However, if after the fixed term has ended

• Your contract holder is still in occupation, and
• They have not signed a new fixed term contract

Then, at the end of the fixed term, a new periodic contract will arise, in the same way as a new periodic tenancy will arise in England.  However, the difference is that all the prescribed terms which are applicable to periodic contracts will apply to this new periodic contract without modification.  You won’t want this to happen if you have carefully modified the terms in your fixed term agreement!

The way to  stop this happening is to include all the ‘potential’ clauses that will apply to a periodic contract in your fixed term contract.  This will make it very long, but at least you will be safe.  It will also mean that you will not need to serve a new occupation contract on them not later than 14 days after the periodic contract starts.

The Landlord Law fixed-term contracts include these terms so you are protected from this problem.  Landlord Law members will find them the Occupation Forms page.  There are two

• One for a joint and several agreement, and
• One for a room in a shared house (if you decide to use a fixed term agreement

Please now click next to find out more about Welsh occupation contracts.