Beyond Rent Smart Wales — Occupation Contracts, FFHH, and Deposit Protection in Wales

Registration Is the First Layer, Not the Only One

Completing your Rent Smart Wales registration and obtaining a self-managing licence covers Part 1 of the Housing (Wales) Act 2014. But Welsh private renting law extends well beyond that single Act. Three additional obligations catch landlords who assume registration is the finish line: occupation contracts under the Renting Homes (Wales) Act 2016, fitness for human habitation under the 2022 FFHH regulations, and deposit protection under approved tenancy deposit schemes.

Rent Smart Wales registration and licensing are separate from these broader duties. Section 44 of the Housing (Wales) Act 2014 restricts Section 173 notices when the Rent Smart Wales requirements are not met; the duties below have their own requirements and consequences.

Standard Occupation Contracts

Since 1 December 2022, the Renting Homes (Wales) Act 2016 replaced Assured Shorthold Tenancies (ASTs) with standard occupation contracts. If you are still issuing contracts that reference ASTs, they are legally outdated.

Written statement requirement. You must provide your contract-holder with a written statement of the standard occupation contract within 14 days of the occupation date. The statement must include all fundamental terms (set by Welsh Government regulations) and any supplementary terms you have added. Keep a record showing when the statement was provided.

2026 variation deadline (now passed). The deadline for updating all existing standard occupation contracts by formal variation to incorporate new fundamental terms was 14 June 2026. The variation had to be in writing and served on the contract-holder. If you have not done this, check current Welsh Government guidance for next steps.

What this means for Rent Smart Wales. The Code of Practice issued under Section 40 of the Housing (Wales) Act 2014 is a mandatory licence condition under Section 22(1). Keep contract documentation consistent with the current Renting Homes framework.

Fitness for Human Habitation

The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 set 29 fitness matters that landlords must meet for rented dwellings covered by the regulations.

The headline requirements:

• Smoke alarms. Hard-wired, mains-powered, interlinked smoke alarms installed on every storey of the dwelling. Battery-only alarms do not comply.
• Carbon monoxide detectors. Required in every room containing a gas, oil, or solid-fuel burning appliance (including boilers).
• Electrical safety. An Electrical Installation Condition Report (EICR) conducted at least every five years by a qualified electrician, with a satisfactory outcome.
• Damp, mould, and structural integrity. The 29 fitness matters include adequate ventilation, freedom from rising and penetrating damp, structural stability, and adequate natural lighting.

If you identify a defect, use current Welsh Government guidance to confirm the required remedy and keep records of inspections and repairs.

Updated licence conditions from September 2025 reinforce this: licensees must retain inspection logs, safety certificates, and repair records for at least two years (or the full tenancy duration), and HMOs require physical inspections every six months.

Deposit Protection

Any cash deposit taken in connection with a standard occupation contract must be protected in a government-approved tenancy deposit scheme within 30 days of receipt. The three approved schemes operating in Wales are the Deposit Protection Service (DPS), MyDeposits, and the Tenancy Deposit Scheme (TDS).

You must also serve the contract-holder with prescribed information about the deposit within the same 30-day window: which scheme holds it, the amount, how to apply for its return, and the scheme's dispute resolution process.

Protecting the deposit and serving the prescribed information are separate duties from Rent Smart Wales registration and licensing. Keep the scheme confirmation and proof of when you served the information; check current Welsh guidance for the remedies that apply if a deadline is missed.

How These Obligations Connect

These obligations should be tracked separately. Section 44 of the Housing (Wales) Act 2014 restricts Section 173 notices when the landlord is unregistered for the dwelling, is self-managing without a valid licence, or has appointed an unlicensed agent. The written statement, FFHH and deposit duties remain separate requirements under Welsh housing law.

This is why keeping records matters. A compliance record that tracks your Rent Smart Wales registration and licence dates alongside your written statement service dates, EICR due dates, smoke alarm inspection dates, and deposit protection confirmations gives you a single reference point when you need to act — whether that is renewing a licence, serving a notice, or defending a tribunal application.

Our Rent Smart Wales Registration and Licensing Guide covers these wider Welsh duties in a dedicated chapter and includes a compliance record designed to track registration, licensing, safety certificates, and deposit protection in one place.

See more Wales guides →