Converted periodic standard contracts
- Periodic assured shorthold tenancies became ‘converted periodic standard occupation contracts’ on 1 December 2022
- These types of contracts are known as ’converted contracts’
- The terms of your assured shorthold tenancy still apply, unless they are incompatible with the fundamental terms of your converted contract
This page explains your rights if you have a converted periodic standard occupation contract with a private landlord.
If you moved into your home on or after 1 December 2022 the information below does not apply to you. To find the correct information, please visit our Renting advice pages.
Do I have a converted periodic standard occupation contract?
If you had a periodic assured shorthold tenancy with a private landlord immediately before 1 December 2022, your renting agreement became a converted periodic standard contract on that date.
If you were still within the fixed term of an assured shorthold tenancy immediately before 1 December 2022, please read our advice about converted fixed term standard contracts instead.
What are the terms of my converted periodic standard contract?
The terms of the renting agreement you had before 1 December 2022 will continue and they are now part of your converted periodic standard contract.
However, the law also introduced fundamental terms and supplementary terms into all converted periodic standard contracts.
To help you work out what the terms of your converted periodic standard contract are, you can follow these 3 rules:
- Fundamental terms are always valid (except for how much notice you receive if your landlord wants to evict you using the ‘no fault’ section 173 procedure)
- The terms of your old agreement are valid except for those that are incompatible with fundamental terms
- Supplementary terms are valid except where they are incompatible with fundamental terms and the terms of your old agreement
Where terms are incompatible this should be noted in the contract.
Will I get a copy of the new contract?
Your landlord must provide you with a written contract by 1 June 2023.
If any supplementary term or terms in your old contract are not valid this should be identified and explained clearly in the contract. For more information see our advice page about written contracts.
If you haven’t already received them, you should also be given:
- a contact address for your landlord
- a copy of the annual gas safety check dated within the last year
- an Energy Performance Certificate (EPC) dated within the last 10 years
- information about the deposit protection scheme used by your landlord if you have paid a deposit;
On 1 December 2023 you should also receive an electrical installation condition report dated within the last 5 years. This test should then be carried out every 5 years.
If your landlord has not provided the above information, they may not be able to evict you using a ‘no fault’ notice. If your landlord has given you an eviction notice get help.
Can my landlord evict me?
If you have a converted periodic standard contract, your landlord can only evict you by giving you written notice and getting a possession order from the county court.
If your agreement was an assured shorthold tenancy before 1 December 2022, your landlord doesn’t need to provide a reason to evict you. This is usually referred to as a ‘no fault’ eviction.
To use the ‘no fault’ procedure your landlord must have complied with deposit protection and licensing rules. Your landlord is also not allowed to evict you in retaliation for asking for repairs to be done in your home.
If your agreement was an assured tenancy before 1 December 2022, your contract is not allowed to include ‘section 173’. This means that your landlord cannot use the ‘no fault’ eviction procedure. You can only be evicted if you are in serious rent arrears, have breached the contract or there is another legal reason.
For more information, see our advice about eviction of converted periodic standard contract-holders.
Get help if you have received a notice from your landlord.
Illegal eviction
If your landlord tries to evict you without getting a court order it may be a criminal offence. Your local council should help if you have been illegally evicted or harassed by your landlord. You may also be able to get a court order to force your landlord to allow you back into the property. Get help urgently if you are in this situation.
What are the rules on rent and rent increases?
Paying rent
Read your contract to see what it says about how the rent should be paid. You must pay the rent that you agreed with your landlord. If you don’t pay your rent your landlord can take court action to evict you.
If your rent is due weekly your landlord has to provide a rent book.
Rent increases
If your landlord wants to increase your rent, they must give at least 2 months’ notice on a RHW12 form. They can only increase your rent once a year.
Your rent should always be your top financial priority as you could lose your home if you get into rent arrears. If you are claiming benefits or have a low income, you may be able to claim housing benefit or Universal Credit housing costs to help with the rent.
Can I appeal against the rent increase?
If you were an assured shorthold tenant before 1 December 2022, you may be able to appeal against a rent increase to the Rent Assessment Committee (RAC). You must apply for an appeal before the date that your rent is due to increase. It is difficult to challenge rent increases when renting from a private landlord because your landlord might decide to evict you if you don’t agree to the new rent.
Can my landlord change my converted periodic standard contract?
The terms of your converted periodic standard contract can only be changed if you and your landlord agree. No changes can be made until you have been given the written contract.
Once you receive the contract your landlord can make changes to:
- some fundamental terms (but only if you agree and it puts you in a better position)
- any supplementary and additional terms (only if you agree)
If changes are agreed, your landlord should give you a ‘written statement of variation’ within 14 days. They may choose to give you a full written occupation contract in full, including the changed fundamental or supplementary term. If your landlord fails to provide you with either of these, get help.
If your landlord wants to vary your contract, they might choose to evict you if you do not agree to the variation. Get help if you are unsure.
For more information about terms that apply to occupation contracts, see our advice about fundamental terms and supplementary terms.
Should my landlord be registered?
Yes. Every private landlord in Wales should be registered with the Rent Smart Wales scheme. In addition, landlords who self-manage those properties, or agents who have been appointed by the landlord, must have a license.
You can check if your landlord and/or agent is registered or licensed by searching the public register. If they are not registered and/or licensed they might be committing a criminal offence and could face penalties. See our pages on landlord registration and licensing for more information.
Who is responsible for repairs and conditions?
Your landlord is responsible for ensuring that the property is kept in good repair. This includes dealing with:
- problems with the roof, guttering, windows, doors and brickwork
- plumbing, gas and electricity.
Your landlord should give you information about what repairs you are responsible for, which usually includes internal decoration and putting right any damage you cause.
If your home needs repairs, report the problem to your landlord straight away.
Your landlord must also ensure that you home is fit to live in. If conditions in your home are very poor, if there is serious damp and mould for example, your home may be classed as unfit to live in.
For your home to be fit to live in, you must also have been given a carbon monoxide detector where appropriate.
Your landlord must also install mains-connected smoke alarms on each floor of your home and carry out an electrical installation condition report (EICR) by 1 December 2023.
You can find out more about repairs if you have a private landord here.
Your right to live in your home without interference
You have the right to live in your home without interference from the landlord or anyone acting on their behalf. If your landlord tries to do this s/he may be guilty of harassment, which is against the law. To find out more about what you can do if your landlord is harassing you, read our advice about harassment and illegal eviction.
Can I add a joint contract-holder?
Your converted contract should give you the right to add a joint contract-holder if your landlord agrees. Your landlord should not refuse to give permission without a good reason. This is a fundamental term of secure, periodic standard and fixed term standard contracts. Find out more here.
Can I transfer my occupation contract to someone else?
You can’t usually transfer a converted periodic standard contract to someone else. You should check the terms of the agreement you made before 1 December 2022 to see if it allows you to transfer (often referred to as ‘assignment’) to anyone else. Even if your contract allows you to transfer to someone else, it is likely to require the consent of the landlord to do so.
Can I pass on my contract when I die?
You may be able to pass on your contract when you die. This is called succession. The rules for succession rights can be complicated. Even if someone can take over your contract the landlord might be able to evict that person using the ‘no fault’ procedure.
How can I end my occupation contract?
If you want to end your periodic standard occupation contract and leave your home you should give the landlord the correct notice in writing. The minimum length of notice you should give your landlord is 4 weeks.
