Flatmate Not Paying Rent? What Renters in Wales Should Do

If you live in shared accommodation in Wales and a flatmate suddenly stops paying rent, it can quickly become a stressful situation. Knowing your rights and responsibilities as a renter can help protect you and avoid unnecessary disputes. This article explains how joint tenancy agreements work in Wales, what you should do if a flatmate defaults, and where you can turn for help, all based on current Welsh law and government guidance.

Understanding Your Tenancy: Joint vs. Individual

First, check what kind of tenancy agreement you have. In Wales, most shared houses or flats are either:

• Joint tenancy: All tenants are collectively responsible for the entire rent and conditions of the tenancy.
• Individual (sole) agreements: Each tenant is only responsible for their room and their portion of the rent.

If you have a joint tenancy, which is common in HMOs (houses in multiple occupation), the landlord can legally seek the full rent from any or all tenants if one person fails to pay. For more information, see the Welsh Government’s Renting Homes (Wales) Act guidance for tenants.

What Happens If Your Flatmate Stops Paying Rent?

Your responsibilities depend on your tenancy agreement. Under a joint tenancy in Wales:

• You are all jointly and severally liable: The landlord can pursue anyone named on the agreement for unpaid rent, not just the person who has stopped paying.
• The landlord may seek to recover arrears from remaining tenants, deduct from the deposit, or begin possession proceedings.

With an individual contract, you are usually only liable for your share. However, always review your own agreement for specific terms.

What Should You Do Next?

If a flatmate has stopped paying rent, take these steps:

• Communicate with your flatmate to try resolve the issue quickly.
• Notify your landlord as soon as possible to keep them informed.
• Check your occupation contract (the new term for tenancy under Welsh law) to confirm responsibilities. For details, see the Renting Homes (Wales) Act 2016.^[1]
• Try to come to an agreement with your landlord, for example on repayment, if possible.

Official Processes and Forms: Dealing with Non-Payment in Wales

If the rent arrears continue, your landlord might begin the process to end the occupation contract (also known as eviction). In Wales, the main steps include:

• Serving a Notice for Breach of Occupation Contract (Form RHW23). This is the official form used by landlords if a contract-holder (tenant) breaks the contract terms, such as not paying rent.
  When and how is it used? For example, if your flatmate owes rent and won’t resolve it, the landlord completes and serves this notice to the household. More detail and the download are on the Welsh Government’s RHW23 notice page.
• If the case goes to court, eviction decisions are made by the Welsh County Courts (there is no separate residential tribunal for eviction in Wales; housing cases go through the country courts).

Can You Remove the Flatmate or Replace Them?

In most cases, you cannot remove or replace a joint tenant yourself. These are the usual options:

• Ask the landlord if they are willing to let the flatmate leave the contract (a process known as ‘surrender’). This usually requires all parties agreeing.
• If the landlord agrees, they may want to sign a new contract with the remaining tenants or a new housemate.
• If there are continued arrears and no agreement, the landlord may end the contract for all tenants and regain possession of the property.

Discuss potential solutions with your landlord early – they may allow a new person to replace the non-paying tenant, but are not obliged to do so.

Protecting Yourself as a Renter

If you are being pursued for rent you didn’t personally owe, speak to your landlord or letting agent and explain the situation. Keep all records and communications in writing. If matters can’t be resolved privately, you may wish to:

• Contact your local council for housing advice (find your council here).
• Apply for housing benefit or Universal Credit if you’re struggling to pay the rent.
• Seek free advice from Shelter Cymru or Welsh Government housing support services.

FAQ: Rent and Flatmate Problems in Wales

1. Can the landlord evict us all if one flatmate stops paying?
   Yes, with a joint contract, the landlord can serve notice to end the contract for everyone. They must follow the legal eviction process, usually starting with Form RHW23.
2. Who is responsible for rent arrears in a shared house in Wales?
   If your contract is joint, all tenants can be held responsible for the full rent until the arrears are settled or a new agreement is made.
3. What should I do if I can’t cover my flatmate’s unpaid rent?
   Tell your landlord, seek advice early, and check if you’re eligible for benefit support. Don’t ignore rent arrears, as they can escalate quickly.
4. Can I replace my flatmate myself?
   No, you need the landlord’s formal agreement. They may want to draw up a new contract with the replacement tenant.
5. Is there a tribunal in Wales for rent disputes?
   Eviction and most rent arrears cases go through the Welsh County Courts rather than a specialist tribunal.

Conclusion: Key Takeaways

• If you share a property in Wales and a flatmate stops paying rent, your liability depends on your contract – most joint tenants are equally responsible.
• Landlords must follow the proper legal process to remove tenants, using forms like RHW23 under the Renting Homes (Wales) Act 2016.
• Early communication with your landlord, written records, and seeking advice from official support services can help you resolve issues and protect your rights.

Need Help? Resources for Renters

• Shelter Cymru – Free Housing Advice
• Welsh Government – Renting Homes Guidance
• Welsh County Courts – Tenancy and Eviction Cases
• Find Your Local Council (for tenancy support)

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1. For more on Welsh renting rules, see the Renting Homes (Wales) Act 2016.
2. For eviction process and notices, see Notice LH23: End of occupation contract for breach.
3. For tribunal/courts process, visit Welsh County Courts information.

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