'A common question from the helpline for Wales'
- 3 hours ago
- 2 min read

1. An occupation contract does NOT need to be signed
An occupation contract can be created verbally or by conduct (i.e. moving in and paying rent). The written statement is evidence of the contract, not what creates it.
So in your scenario:Tenant moved in Rent paid correctly for 2 months Terms issued in writing within 14 days That is more than enough to establish a legally binding occupation contract.
2. The 14-day rule is about compliance, not validity
The law requires the landlord to provide a written statement within 14 days.
If you did comply within 14 days, then:
You’ve met your statutory duty
There is no defect in the contract
If you hadn’t complied, the consequences would be:
Potential compensation to the contract-holder
Restrictions on serving possession notices
But crucially: Even then, the contract would still exist
3. The tenant’s behaviour confirms acceptance
In contract law terms (and this carries into housing law):
Occupation + payment of rent = acceptance by conduct
Continued performance over 2 months = strong evidence of agreement
So even without a signature, the contract is effectively “agreed in practice”.
4. What terms apply if unsigned?
The terms will be:
The written statement you issued (assuming it’s correct), PLUS
Any mandatory fundamental terms implied by law
If there were errors or omissions:
The court can impose the Welsh Government model contract terms instead
5. Practical letting-agent view (important)
From a real-world enforcement perspective:
You can rely on the contract
Rent, obligations, and breach provisions apply
BUT always keep proof of service of the written statement
Because if challenged, the key issue won’t be signature — it will be:“Can you prove it was given within 14 days?”
Bottom line
Yes — the contract is fully valid
Signature is not required
The tenant’s occupation and rent payment legally confirm the agreement
You are compliant if served within 14 days
helpline see here - https://lettingsadviceservice.co.uk/
If you found anything of value on this site please 'buy me a coffee' all donations are used towards maintaining this site as a free resource ko-fi.com/le
Comments