Holiday Lets vs Tenancies: Key Differences for Renters in Wales

If you’re renting in Wales, it’s important to understand the difference between a ‘holiday let’ and a ‘tenancy’. With more homes being let out as holiday accommodation, some renters may be uncertain about their legal rights or what to do if a landlord tries to claim their home is a holiday let. Knowing these distinctions is crucial, especially when dealing with issues like eviction, rent increases, or repairs.

Understanding Holiday Lets and Tenancies in Wales

The main difference between a holiday let and a tenancy concerns the renter’s rights, the length of the stay, and the type of agreement. The distinction affects your legal protections and what a landlord can legally do.

What is a Holiday Let?

• Used for short-term stays, usually for holidays or temporary visits.
• Does not give the renter ‘security of tenure’; you can be asked to leave at the end of the agreed period.
• Not regulated under the main tenancy legislation in Wales.
• Usually, council tax is paid by the owner, and the property may have different insurance or health and safety requirements.

Landlords might call a contract a ‘holiday let’ even if you plan to stay longer. If you live there as your only or main home, it’s often classed as a tenancy, regardless of what the agreement says.^[1]

What is a Residential Tenancy?

• In Wales, most renters now have an ‘occupational contract’ under the Renting Homes (Wales) Act 2016.
• This gives legal rights such as notice periods, rules around eviction, repair rights, and protections against unfair rent increases.
• Tenants usually pay council tax, take responsibility for some bills, and can only be evicted with proper legal procedure.

If a landlord tries to class your main home as a holiday let to avoid giving you rights, you may still be covered by Welsh tenancy law.

How to Tell If You Have a Holiday Let or a Tenancy

The law looks at the facts, not just the label on your contract. Your agreement is likely a tenancy if:

• You live there as your main home
• You pay regular rent
• You have exclusive possession (the right to exclude others)

Holiday lets are genuinely for people staying temporarily, who have another main home. If you stay for long periods or treat the property as your home, you may have tenancy rights.

What Rights Do Renters in Wales Have?

As an ‘occupational contract-holder’ under the Renting Homes (Wales) Act 2016, you have rights to:

• Protection against unfair eviction
• Repairs and safety standards
• Proper notice if the landlord wants you to leave
• Challenge unreasonable rent increases

None of these apply to genuine short-term holiday lets.

Relevant Forms and What to Do if You're Disputing a Holiday Let Classification

• RHW1: Written Statement of Occupation Contract
  You should be given this form if you have an occupational contract. It sets out your rights and your landlord's responsibilities. If your landlord claims it’s a holiday let but you believe it’s your main home, ask for a RHW1 and seek advice.
  Model Written Statements for Occupation Contracts
• Applying to the Residential Property Tribunal Wales
  If you need to challenge an eviction, rent increase, or dispute your contract’s status, the Residential Property Tribunal Wales can make decisions on residential letting disputes.
  You may use specific tribunal forms depending on the issue, such as RHW12 (for contract-holder applications).
  Official Housing Forms and Guidance

What If My Landlord Tries to Evict Me as a 'Holiday Let'?

Your landlord must follow proper procedure if you have an occupational contract. If you're being evicted without a court order or correct notice, you may be able to challenge it.

• Get written proof of how you use the property (e.g., it's your main home, bills in your name).
• Contact your local council’s housing department if you face illegal eviction: Find your local council.
• You can also apply to the Residential Property Tribunal Wales for help.

Remember: the law protects people who use a property as their only or main home, even if the agreement says ‘holiday let’.

Frequently Asked Questions

1. Can my landlord call my tenancy a 'holiday let' to avoid giving me rights?
   No. If you live in the property as your main home, you are likely protected by Welsh tenancy law, whatever the contract is called.
2. What should I do if I'm asked to leave a holiday let where I live year-round?
   Seek advice immediately. If it’s your main home, you may have rights under the Renting Homes (Wales) Act 2016. Contact your local council or a tenant advice service.
3. How long can I stay in a holiday let before I become a tenant?
   There’s no fixed period. If you treat it as your main home and have exclusive possession, you could be classed as a contract-holder immediately.
4. Who handles tenancy disputes in Wales?
   The Residential Property Tribunal Wales deals with most residential tenancies disputes.
5. What legal rights do I lose if I’m in a genuine holiday let?
   You do not have eviction protection, repair rights, or notice periods under Welsh tenancy law. You can be asked to leave at the end of the agreed holiday period.

Key Takeaways for Renters

• Whether you have a holiday let or a tenancy in Wales depends on how you use the property, not just what the contract says.
• Tenancy law protects most people who make a property their main home.
• If in doubt, seek advice before signing or if asked to leave without proper notice.

Understanding these differences can help you protect your rights and avoid unlawful eviction or misunderstandings.

Need Help? Resources for Renters in Wales

• Welsh Government Housing Advice
• Residential Property Tribunal Wales — official tribunal for tenancy disputes
• Welsh Government Housing Forms and Guidance
• Find Your Local Council — for support with illegal eviction or housing issues

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1. See Renting Homes (Wales) Act 2016, sections on occupation contracts and security of tenure.

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