Homelessness and Families: Your Rights in Wales

Facing the risk of homelessness is distressing, especially if you have children. If you rent your home in Wales and are worried about losing your accommodation, it’s important to know your rights and what help is available. This guide explains what happens if you have children and face eviction or homelessness in Wales, including the support the council must provide and the relevant tenancy laws.

Understanding Homelessness and Family Rights in Wales

In Wales, the law provides extra protection and support if you become homeless or are at risk, particularly if you have children. Councils (also called local authorities) have a legal duty to help families with dependent children so you are not left without a safe place to live.

What Does ‘Homeless’ Mean?

You are considered legally ‘homeless’ if:

• You have no accommodation you can legally occupy in the UK or elsewhere
• Your accommodation is unreasonable to live in (for example, it’s unsafe or overcrowded)
• You are at risk of violence or serious harm if you stay

This definition includes situations where you are evicted, forced to leave, or can no longer afford your home.

Council Help for Families Facing Homelessness

If you have children and are threatened with homelessness within the next 56 days, you can ask the council for help.
The council’s legal duties include:

• Assessing your housing situation within 56 days of you telling them
• Taking reasonable steps to prevent you from losing your home
• If you are already homeless or cannot stay in your home, providing temporary accommodation if you are eligible

This help is provided under the Housing (Wales) Act 2014^[1].

Eviction and Your Rights as a Renter in Wales

Your landlord must follow a clear legal process before eviction. If you receive a notice or eviction order, do not leave your home until advised by the council or a court.

Types of Renting Agreements in Wales

Since December 2022, most renters in Wales are ‘contract-holders’ under the Renting Homes (Wales) Act 2016^[2]. Previous tenancy agreements may still be in place if your agreement started before this date.

• Standard Contract: Most private renters
• Secure Contract: Social housing tenants

Your contract determines the notice period and steps your landlord must take.

What Happens if You’re Made Homeless with Children?

The council cannot ignore families with children. They must, as a matter of law:

• Provide emergency or temporary accommodation if you are homeless and have dependent children
• Work with you to find longer-term housing solutions

If you are found ineligible for help (for example, due to immigration status), the council must still refer your family to social services to ensure children are not put at risk.

Forms You May Need

• Homelessness Application (Wales):
  Name: Homelessness application (no formal reference number)
  When to use: Submit this as soon as you believe you are at risk of losing your home within 56 days.
  How to use: Visit your local council housing options team in person, by phone, or online. Find contact details on the Welsh Government local authority finder.
  Link: Welsh Government: Get help if you’re homeless or at risk of homelessness
• Notice to End Contract:
  Name: Section 173 (Standard occupation contracts)
  When to use: Used by landlords to serve notice, but you should be aware if you receive one.
  How to use: The notice must give at least six months’ notice (for most tenancies starting after Dec 2022). Check its validity on the official guidance.
  Link: Welsh Government guidance: Ending an occupation contract

If you think a notice is invalid or you need more time, speak with your local housing team or seek formal advice.

Who Handles Disputes and Complaints?

The Residential Property Tribunal Wales is the official body for resolving landlord-tenant disputes in Wales, including housing conditions and contract issues. You can apply to the Tribunal if you need to challenge certain decisions or actions by your landlord.

FAQ: Your Questions Answered

1. Can my children and I be left street homeless in Wales?
   Councils in Wales must provide emergency accommodation to families with dependent children who are homeless, ensuring you are not left without shelter while your application is reviewed.
2. What if the council says I’m ‘intentionally homeless’?
   If the council decides you are intentionally homeless (for example, you left your home when you could have stayed), they must still offer a ‘reasonable period’ of accommodation and refer your case to social services if you have children.
3. How do I apply for homelessness support?
   Contact your local council as soon as you know you’re at risk. They may have an online application or a housing options team you can visit in person.
4. What documents will I need?
   You will usually be asked for proof of identity, your rental contract, eviction notice, and information about your children. The council may help if you don’t have everything.
5. Can I appeal a council decision regarding my homelessness application?
   Yes, you can ask for a review of the council’s decision. Guidance is available on the Welsh Government website.

Conclusion: Key Takeaways for Renters Facing Homelessness in Wales

• Councils in Wales must not leave families with children without accommodation if they become homeless.
• You have the right to apply for support 56 days before losing your home – act early and don’t wait for eviction.
• The Residential Property Tribunal Wales can help resolve disputes if you believe your rights as a tenant are not upheld.

Understanding your rights and acting quickly can help prevent homelessness or ensure your family receives urgent support.

Need Help? Resources for Renters

• Welsh Government: Get help with housing
• Welsh Government: Homelessness Help
• Shelter Cymru: Advice for Families
• Residential Property Tribunal Wales – landlord and tenant disputes
• Find your local council housing team

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

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