Can Landlords Charge Extra for Shared Facilities in Wales?

Many renters in Wales live in Houses in Multiple Occupation (HMOs) or as lodgers, often sharing kitchens, bathrooms, or living spaces. Questions often arise about whether landlords can add extra charges for using these shared facilities. Understanding your rights as a renter helps ensure you pay only what’s fair and legal under the latest Welsh housing rules.

What Are Shared Facilities in HMOs and Shared Housing?

Shared facilities typically include communal kitchens, bathrooms, toilets, lounges, or gardens in properties where each tenant rents a separate room. Most frequently, this applies to:

• HMOs (Houses in Multiple Occupation) – where at least three people from more than one household share facilities
• Lodger arrangements – where a tenant rents a room in the landlord’s own home and shares some spaces

By law, HMOs in Wales require a license and must meet specific safety and amenity standards. Read more about HMO laws in Wales.

Are Landlords Allowed to Charge Extra for Shared Facilities?

In most cases, a landlord cannot separately charge for the use of shared facilities if you have already agreed on a rent that includes access to these areas. Here’s how it works, based on Welsh law:

• For rented rooms in HMOs, your contract should specify the total rent and what it covers. This typically includes access to kitchens, bathrooms, lounges, and other shared areas.
• Under the Housing (Wales) Act 2014, and since December 2022, the Renting Homes (Wales) Act 2016, most agreements moved to ‘occupation contracts’ which must clearly set out all payments.
• Additional charges for normal, reasonable use of communal facilities are not permitted unless explicitly stated and agreed upon in your occupation contract.
• Landlords can only charge “permitted payments” under the Renting Homes (Fees etc.) (Wales) Act 2019. Separate fees for shared areas are not a permitted payment.
• If facilities are coin-operated (e.g., laundry), this must be clear in your agreement and charges must be reasonable and not used to profit landlords.

What To Do If a Landlord Demands Extra for Shared Areas

If your landlord is asking for extra payments for kitchens, bathrooms, or living rooms not previously included in your contract, you have a right to challenge these charges.

• Refer to your written occupation contract or tenancy agreement and check what is included in your rent.
• Write to your landlord (keep records) explaining the law around permitted payments in Wales.
• You can contact Rent Smart Wales or your local council’s housing team to report unfair charges.
• If you have already paid, you may be entitled to a refund of the unlawful fee.

Which Official Tribunal Handles Disputes?

The Residential Property Tribunal Wales hears cases about:

• Unfair or illegal charges
• Disputes about tenancy terms and rent
• Issues about HMOs or property licensing

Relevant Official Forms: Applications and Disputes

• Residential Property Tribunal Application (Renting Homes Dispute)
  When to use: If you have a dispute over unlawful charges, use this to make an application about your occupation contract.
  Application Form: Renting Homes Dispute (PDF)
  Example: You are being charged £10 per week extra to use the shared kitchen. You can apply to the Tribunal asking them to decide if this is lawful.
• Local Council Complaint Forms
  When to use: If your property is unlicensed, or facilities are substandard, your local authority handles these issues. Each council may have its own online complaint form. Find your council.

Summary: Key Legal Points for Renters in Shared Accommodation

Welsh law is clear that the total rent you agree with your landlord must cover fair use of all shared facilities unless something different is explicitly stated in your written contract. Separate or hidden charges for normal use of shared kitchens, bathrooms, or lounges are not allowed. If a landlord tries to charge extra, you have legal avenues to challenge it.

FAQ: Shared Facilities and Renting in Wales

1. Can my landlord in Wales charge me extra for using the communal kitchen or bathroom?
   No, unless your contract specifically lists such a charge, the rent you pay must include access to shared facilities in most shared housing setups.
2. What if my landlord says the contract allows extra charges for shared areas?
   If the extra fees are not a permitted payment under Welsh law, they are not enforceable—even if written into a contract. Get advice if unsure.
3. Are coin-operated laundry or appliance charges legal in HMOs?
   Yes, but conditions apply. Fees must be reasonable, clearly explained before you sign the contract, and only cover actual costs—not profit.
4. How do I challenge an illegal charge for shared facilities?
   Start by writing to your landlord explaining the rules. If unresolved, apply to the Residential Property Tribunal Wales using the official dispute application form.
5. Which law protects me from unfair charges in Wales?
   The main legislation is the Renting Homes (Wales) Act 2016 and the Renting Homes (Fees etc.) (Wales) Act 2019.

Need Help? Resources for Renters

• Rent Smart Wales – Advice, licensing, and reporting landlord issues
• Residential Property Tribunal Wales – Apply to challenge illegal charges or dispute rent
• Find your local council in Wales – For help with HMO licensing, standards, and complaints
• Shelter Cymru – Free, confidential advice for renters

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1. Renting Homes (Wales) Act 2016
2. Renting Homes (Fees etc.) (Wales) Act 2019
3. Housing (Wales) Act 2014
4. Welsh Government – HMO Guidance
5. Residential Property Tribunal Wales

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