Damage Responsibility in Shared Housing: Wales Renters’ Guide

If you rent a room in shared housing, a house in multiple occupation (HMO), or live as a lodger in Wales, understanding who is responsible for damage can help avoid disputes and protect your rights. This article explains how damage liability works in shared living, what renters need to do, and where to get official help according to Welsh law.

Understanding Shared Housing and Damage Responsibilities

Shared housing in Wales often comes with its own set of rules and responsibilities. In properties licensed as HMOs (Houses in Multiple Occupation), or where rooms are let individually, knowing who must pay for repairs after damage—accidental or deliberate—can prevent disagreements between renters and landlords. This guidance is based on Welsh Government regulations and current Housing (Wales) Act 2014 and Renting Homes (Wales) Act 2016^[1][2].

What Counts as Damage?

Damage goes beyond ‘fair wear and tear’. It generally refers to changes or harm to the property or furnishings caused by neglect, carelessness, or intentional actions. Examples include:

• Broken windows or doors
• Stained carpets due to spilled drinks
• Damaged furniture
• Graffiti or markings on walls

Who Is Responsible?

Your tenancy or occupation contract will usually outline who is liable for damage. Here’s how responsibility is typically divided:

• Individual Rooms: If you caused damage in your own room, you’re usually responsible.
• Shared Areas: Damage in shared spaces (like kitchens or hallways) can be trickier. Liability might rest with:
• The person who caused the damage — if known
• All tenants together (‘joint liability’) if the responsible person can’t be identified
• Intentional vs. Accidental: Accidental damage should be reported quickly—intentional or careless acts can affect your deposit or even result in eviction.

Tip: Always report any damage as soon as it happens, and keep a written record or photos for your records.

Landlord’s Responsibilities

Landlords must keep a property safe and in good repair. They are responsible for:

• General maintenance (roof, structure, plumbing, heating)
• Repairing items caused by general wear and tear (not specific damage)
• Ensuring shared spaces meet health and safety standards, especially in licensed HMOs (see government HMO guidance)

How Is Damage Paid For?

Landlords often use your deposit to pay for damage at the end of the tenancy. In Wales, deposits must be protected in a government-approved scheme. Find out more from Welsh Government’s deposit protection guidance.

If there’s a dispute over how much should be deducted, you can use the dispute resolution process provided by the deposit protection scheme. You do not have to accept unfair deductions.

Official Forms and Dispute Resolution

Relevant Forms for Welsh Renters

• Deposit Dispute Form (via TDS, DPS, or MyDeposits Wales):
  • Used if you disagree with your landlord’s proposed deductions.
  • Example: After moving out, your landlord wants to deduct £250 for carpet stains you did not cause. You can raise a dispute through the relevant scheme’s form.
  • Start a deposit dispute (TDS)
  • Start a deposit dispute (DPS)
  • Dispute process (MyDeposits Wales)
• Standard Occupation Contract Complaint Form:
  • If your contract sets out a process to complain about damage charges, use your landlord or agent’s standard complaint form. Always request documentation.

Which Tribunal Handles Disputes?

For unresolved disputes about damage charges or repairs, you can apply to the Residential Property Tribunal Wales. This independent tribunal handles housing complaints, including HMO standards, unlawful deductions, and some deposit matters.

Key Legislation for Wales

• Housing (Wales) Act 2014
• Renting Homes (Wales) Act 2016 (as amended 2023)

These acts set out rights around property management, deposit protection, and tenant responsibilities.

Action Steps if You’re Facing a Damage Dispute

• Check your occupation contract—what does it say about damage and deposits?
• Gather evidence (photos, communications, receipts)
• Raise your concerns directly in writing to your landlord or agent
• If unresolved, use the dispute form with your deposit scheme provider
• Apply to Residential Property Tribunal Wales if needed

Frequently Asked Questions

1. Can my landlord deduct money for damage I didn’t cause in shared areas?
   If the person responsible for communal area damage can’t be identified, landlords may deduct the cost from all or several tenants’ deposits. You can dispute this if you have evidence proving you weren’t involved.
2. What if another tenant caused damage but won’t admit it?
   Landlords may treat communal damage as a shared liability. Try to resolve the issue with your housemates and provide evidence of your non-involvement if you dispute deposit deductions.
3. What does ‘fair wear and tear’ mean in Wales?
   This refers to natural deterioration from normal use, not damage caused by carelessness or neglect. Landlords cannot charge for fair wear and tear.
4. How do I challenge an unfair damage deduction from my deposit?
   Start by contacting your landlord in writing. If you can’t agree, use your deposit scheme’s dispute resolution process—it’s free and independent.
5. Does my landlord have to prove I caused damage?
   Yes. The landlord must provide evidence to support any deductions from your deposit for alleged damage.

Conclusion: Key Points for Renters in Shared Welsh Homes

• If you cause damage, you’re usually responsible for paying—especially in your own room
• Communal area damage may be shared between tenants if the responsible person isn’t clear
• Always use the official deposit dispute process if you can’t reach agreement with your landlord

Being aware of your rights and responsibilities under Welsh law protects you from unfair costs and helps resolve disagreements quickly.

Need Help? Resources for Renters

• Shelter Cymru: Free advice on housing and renters’ rights in Wales
• Welsh Government Housing Guidance: Official guidance for tenants and landlords
• Residential Property Tribunal Wales: To challenge housing disputes and unlawful deductions
• Tenancy Deposit Protection in Wales: Information on deposit schemes and dispute processes

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1. Renting Homes (Wales) Act 2016
2. Housing (Wales) Act 2014

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