Guest Rules for Shared Housing and HMOs in Wales

Understanding your rights to have guests in shared housing, houses in multiple occupation (HMOs), or as a lodger in Wales is important for feeling confident and secure in your home. Rules can vary according to your agreement, the type of housing, and local regulations. This guide explains the key points every renter should know about guests in shared homes in Wales, highlighting your legal protections under the latest Welsh legislation.

What Counts as Shared Housing or an HMO in Wales?

In Wales, shared housing refers to properties where you live with other tenants but do not form a single household (for example, if you share with individuals you are not related to). An HMO (House in Multiple Occupation) is a building or flat occupied by multiple tenants forming more than one household, who share facilities like a kitchen or bathroom. For more details, see the official Welsh Government guidance on HMOs.

Can I Have Guests in Shared Housing or an HMO?

Welsh law does not give a straightforward yes or no about guests–whether you can have guests is primarily governed by:

• Your occupation contract (the legal term for your tenancy agreement in Wales since the Renting Homes (Wales) Act 2016)
• Any reasonable house rules set by your landlord or letting agent
• Fire safety and licensing conditions for the property

Most occupation contracts will state if visitors are allowed, if overnight stays by guests are restricted, or if there's a limit on how many nights a guest may stay. Review your written contract first; if you're unsure, ask your landlord directly or request clarification in writing.

Typical Guest Restrictions

Common examples found in Welsh shared house or HMO contracts include:

• Guests are allowed, but overnight stays are limited (e.g., no more than two nights per week)
• Guests must not disturb other occupants or break house rules
• You must get advance permission for guests staying over a certain number of nights
• Guests cannot stay if their presence breaches HMO license conditions (e.g., exceeding the licensed occupancy)

If there is no clause about guests in your occupation contract, ask your landlord to confirm their policy. Note that unreasonable blanket bans could be challenged if they are not related to safety, licensing, or anti-social behaviour.

Special Rules for Lodgers

If you are a lodger living in your landlord's home, it is more common for guest rules to be strict. Many live-in landlords will state in writing that guests are not permitted to stay overnight or must have express permission. If in doubt, check your written agreement or discuss with your landlord.

Does Having Guests Affect My Legal Rights?

• Having occasional guests, within contract rules, does not usually affect your occupancy rights.
• If a guest moves in or stays regularly, your landlord might claim you have breached your contract or exceeded licensed occupancy – potentially risking eviction.
• Tip: Always keep communication about guests in writing and respect any reasonable requests about noise, behaviour or safety.

Official Forms and How to Challenge Unfair Guest Restrictions

If you believe your landlord is unfairly restricting your right to have reasonable guests, first try to resolve things informally. If that fails:

• Issue for Determination Form – Rent Assessment Committee (Residential Property Tribunal Wales): Use this if you need a formal decision about contract terms or access rights. Read more at the Residential Property Tribunal Wales (now known as the Residential Property Tribunal for Wales).
• For contract disputes, tenants can apply to the Tribunal on forms provided here on their official forms page. For example, use the "Application to Determine Terms of Occupation Contract" if you want to challenge an unreasonable restriction.

Download the relevant form, fill it out with your contract details and the issue (e.g., guest restriction), and submit as instructed alongside supporting evidence.

Summary

Guest rules in shared housing across Wales are determined mostly by your occupation contract and HMO licensing. Be sure to check your agreement and communicate with your landlord if you have concerns. If you believe rules are being applied unfairly or contrary to Welsh law, official routes exist to help.

Frequently Asked Questions (FAQ)

1. Can my landlord ban all guests from my shared house in Wales?
   Landlords can set reasonable guest policies, but a total ban may be unfair or unenforceable unless justified for safety, security, or legal occupancy limits. Review your contract and, if in doubt, seek advice.
2. How many nights can a guest stay in my HMO room?
   This is usually stated in your occupation contract, often as a set number of consecutive nights per week or month. Exceeding this could be treated as breach of contract.
3. What should I do if another tenant’s guests are causing problems?
   Raise the issue with your landlord, agent, or use your building’s complaint procedure. Keeping a written record of incidents can help if the problem continues.
4. If my guest stays too long, can I be evicted?
   Having someone move in or regularly stay beyond contract limits can risk claims of breach and possibly eviction, especially if the property exceeds licensing conditions. Always seek written permission for any extended stays.
5. Who can help me understand my guest rights in Welsh shared housing?
   Official advice is available from Shelter Cymru and Welsh Government housing guidance.

Need Help? Resources for Renters

• Shelter Cymru: Offers free legal advice and information for tenants in Wales
• Citizens Advice Wales: Independent advice on housing and tenancy issues
• Welsh Government Housing Information: Official rules, rights, and landlord guidance
• Residential Property Tribunal for Wales: Handles contract disputes and legal applications

---

1. Renting Homes (Wales) Act 2016
2. Welsh Government: HMOs – Guidance for Landlords
3. Residential Property Tribunal for Wales

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation