Can a Landlord Share the Property With a Tenant in Wales?

Renting a home in Wales can involve some unusual situations—one of the most confusing is when a landlord wishes to live in the property alongside a tenant. If you’re unsure what rights you have in this scenario, it’s important to understand how Welsh housing law treats these arrangements and how it may impact your tenancy status and protections.

Understanding Tenancy Types If a Landlord Lives With You

Most renters in Wales have a standard occupation contract under the Renting Homes (Wales) Act 2016, which replaced older types of tenancies in December 2022. However, if your landlord shares the property with you as your main home, you are likely not a contract-holder under this law and instead may be a lodger.

Lodgers vs. Standard Contract-Holders

• Lodger: If the landlord lives in the property as their only or main home and shares accommodation (like the kitchen or bathroom) with you, you are normally considered a lodger, not a tenant or contract-holder.
• Standard Contract-Holder: If the landlord does not live in the property, you have a standard occupation contract with greater rights.

Lodgers are not covered by the full protection of the Renting Homes (Wales) Act 2016. This is important if you need to challenge an eviction, a rent increase, or maintenance issues.

Your Rights as a Lodger in Wales

As a lodger:

• You have fewer legal rights compared to contract-holders
• Your landlord can usually ask you to leave without a court order, provided they give reasonable notice
• Your rent is set by agreement, and there are no legal restrictions on increases beyond what’s in your agreement
• You are not protected by the main eviction rules under the Renting Homes (Wales) Act 2016

It is still illegal for a landlord to use violence or threaten you to leave, or to physically remove you without following due process. If you think you’re being unfairly evicted or harassed, contact your local council’s housing team or the Residential Property Tribunal Wales.

Key Documents and Forms

If your landlord does not live at the property, you are likely a contract-holder and benefit from full rental protections, including the use of formal processes. In such a case, you may encounter:

• Form RHW2: Notice by landlord (seeking possession) – Used when a landlord wants to end a standard occupation contract. Find the official RHW2 form and guidance here.
  Example: Your landlord issues a Section 173 ‘no fault’ notice if they want you to leave—this requires a minimum period of notice (usually 6 months).
• Rent Repayment Order application if you believe your landlord is renting illegally. Learn more about rent repayment orders for Wales.

However, there is no official form required for asking a lodger to leave, though it is best for both sides to have something in writing.

Residential Property Tribunal Wales

If you are not sure of your rights or need help with a disagreement about repairs, deposits, or your status as a lodger or tenant, the official appeals body is the Residential Property Tribunal Wales. This independent tribunal handles disputes between renters and landlords in Wales.

What Should Lodgers Do in a Dispute?

• Try to resolve disagreements directly with your landlord, if possible
• Contact your local council if you believe you’re being treated unfairly or evicted without proper notice
• Seek help from a national advice service (see resources below)

Frequently Asked Questions

1. Can my landlord live in the same property as me in Wales?
   Yes, a landlord can live in the property with you. If they share living spaces with you and it is their main home, you are considered a lodger and not protected by standard contract-holder rights.
2. Do I have the same rights as other tenants if my landlord lives with me?
   No, lodgers have fewer legal rights than standard contract-holders. For example, you may not be entitled to a long notice period or protection from eviction under the Renting Homes (Wales) Act 2016.
3. Does my landlord need to give notice to ask me to leave?
   Usually yes, but there is no set legal notice period for lodgers—reasonable notice (often the rental period) is expected, unless agreed otherwise in writing.
4. Which tribunal handles rental disputes in Wales?
   The Residential Property Tribunal Wales handles official rental disagreements and appeals in Wales.
5. Should I receive anything in writing as a lodger?
   It’s best practice, but not always legally required. An agreement helps clarify rent, notice periods, and rights for both sides.

Need Help? Resources for Renters

• Shelter Cymru – Free and confidential advice for all renters and lodgers in Wales
• Welsh Government Housing Advice – Official housing rights information
• Residential Property Tribunal Wales – For disputes on repairs, evictions, and more
• Your local council’s housing team – Support with illegal evictions or poor housing conditions

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1. Renting Homes (Wales) Act 2016
2. Welsh Government Renting Homes Guidance
3. Residential Property Tribunal Wales

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