Supplementary terms of occupation contracts
- Supplementary terms are are contract terms that deal with everyday matters
- There are ‘model’ supplementary terms that should be in your contract
- Changes from model supplementary terms should be clearly marked in your contract
What are ‘supplementary terms’?
Supplementary terms deal with practical matters, such as how to report repairs, or how much notice your landlord has to give if they want to come into your home.
The Welsh governments’ model contracts provide ‘default’ supplementary terms for the 3 main types of contracts: secure, fixed term standard and periodic standard. These terms are automatically included in your contract unless your landlord decides to offer a contract which changes or leaves any of them out.
If you moved in before 1 December 2022, you might have a converted contract. There are special rules about supplementary terms in converted contracts. You can find more information here.
Can landlords change the default supplementary terms?
Yes. Your landlord can offer you an contract that leaves out or changes the supplementary terms from those set out in the model contracts. It is always best to ask to see the contract before moving in so that you can check the terms carefully before agreeing to them.
What is the procedure for leaving out or changing supplementary terms?
Any supplementary terms that are left out must be clearly identified in your written contract.
Your landlord can’t leave out or change a supplementary term if this would be incompatible with the fundamental terms of your contract.
For example, your landlord may want to change the term requiring 24 hours’ notice to enter the property to say that they can enter your home without notice.
This is incompatible with the fundamental term of your contract that says your landlord can’t interfere with your right to live in your home. The changed supplementary term is probably unlawful.
Get help if you are unsure about the terms of your contract.
Can my landlord change the supplementary terms after I move in?
Once the contract is agreed your landlord can only change supplementary terms according to the rules for the type of contract you have (see below). This is also known as ‘variation of contract’.
Variation of secure contracts
If you have a secure contract your landlord can change a supplementary term by giving you at least 1 months’ notice in writing. The notice should inform you about how the change is likely to affect you.
Before giving this notice, your landlord should write to you informing you that they intend to change a term of your contract, giving you the opportunity to give your views about the change.
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 supplementary term.
Variation of periodic standard and fixed term standard contracts
If you have a periodic standard or fixed term standard contract your landlord can only change supplementary terms if you agree. For more information see our advice about periodic standard contracts and fixed term standard contracts.
If you agree to changes to any supplementary term, 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 supplementary term.
If your landlord does not provide either of these, they may be liable to pay you compensation. For further information read our advice here.