top of page

'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:

  1. The written statement you issued (assuming it’s correct), PLUS 

  2. 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



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

 
 
 

Recent Posts

See All

Comments


bottom of page