House-Sitting Agreement Rules for Renters in Wales

Understanding whether a house-sitting agreement is legal in Wales can be important for renters who want to know their rights and responsibilities. If you’re asked to house-sit—or are considering offering a property for house-sitting—it’s crucial to know whether you have the same protections as a tenant, and how Welsh law applies to your situation.

What Is a House-Sitting Agreement?

A house-sitting agreement typically involves someone staying in a property to look after it (and sometimes pets) while the main occupant is away, often without paying traditional rent. These arrangements can seem informal, but it’s important to realise that your rights will depend on the specific nature of the agreement.

Is House-Sitting a Tenancy in Wales?

Under Welsh law, not all occupation of a property counts as a formal tenancy. With the introduction of the Renting Homes (Wales) Act 2016¹, the standard agreement for most renters is called an ‘occupation contract’. These usually apply when someone pays rent and occupies accommodation as their main home.

• In many house-sitting cases, the agreement may not count as an occupation contract—especially if no rent is being paid, or you do not have exclusive possession.
• If an agreement is truly a licence (permission to stay temporarily), the rights are different from those of tenants. You may not be protected under standard Welsh tenancy law.
• If you pay rent and have some control over the property, you may actually be an ‘occupation contract-holder’, giving you more legal rights.

The details matter—what’s written in your agreement and what happens in practice.

Your Rights and Responsibilities as a House-Sitter

As a renter or house-sitter in Wales, your legal position depends on whether your arrangement is a licence or an occupation contract under the Renting Homes (Wales) Act 2016. Here’s a quick guide:

• Licence (most common in house-sitting): Offers limited protection. You can be asked to leave at very short notice, with no need to involve the court or tribunal.
• Occupation contract-holder (tenant): You have full legal rights. The landlord must follow correct notice procedures, use the proper forms, and may be unable to evict you immediately.

If you’re unsure of your status, consider what’s actually happening: Are you paying rent? Do you have your own keys? Can you lock the doors and exclude others? These factors could turn a supposed ‘house-sitting’ arrangement into a legal tenancy.

Relevant Forms and What to Do

• RhW2: Written statement of occupation contract
  Landlords must provide occupation contract-holders with a written statement using the Model Written Statement (RhW2) if the arrangement is an occupation contract. For example, if you are house-sitting and start paying rent regularly, ask the landlord for this form to clarify your status and rights.
• Notice to end a contract
  If a contract-holder relationship has been established, landlords must serve notice to end the occupation contract using prescribed forms, such as a notice to end occupation contract. If you believe you are a contract-holder and are being asked to leave, check if this notice procedure is being followed.

If you have only a licence and no written agreement, you may still have some rights—especially if you have lived in the property for a long time or contribute to bills or repairs. Seek advice if you are unsure.

Tribunals and Dispute Resolution

In Wales, tenancy and housing disputes—including questions about whether an arrangement is a tenancy or a licence—are handled by the Residential Property Tribunal Wales. If you cannot reach an agreement with your landlord or property owner, you can apply to this tribunal for a ruling.

Key Legislation for Renters in Wales

• Renting Homes (Wales) Act 2016 – covers most private renting and occupation contracts.
• Government guidance on occupation contract changes explains how the law applies post-2022.

Summary: While many house-sitting agreements aren’t full tenancies, your specific rights depend on the contract details and your circumstances. If you’ve moved in, paid money, or have exclusive control, you might have legal protections as a renter.

FAQs: House-Sitting and Rental Law in Wales

1. Can a house-sitting agreement become a tenancy in Wales?
   Yes, if you meet key criteria like paying rent and having exclusive possession. This can give you more rights under the law.
2. What should I do if I’m being asked to leave as a house-sitter?
   If you believe your house-sitting is actually a tenancy, ask for formal written notice and seek advice from your local council or the Residential Property Tribunal Wales.
3. Am I required to sign a written contract to have legal rights?
   No—your legal rights may apply based on your situation, not just written agreements. Always keep evidence of payment or communications.
4. What is the difference between a licence and an occupation contract?
   An occupation contract (tenancy) gives you more protection from eviction and other legal rights. A licence is more limited and usually short term.
5. Who can help me if I’m unsure about my rights?
   You can contact Rent Smart Wales, your local authority, or use the official government housing advice pages for support.

Conclusion: What Renters Should Remember

• House-sitting may not always grant tenancy rights, but the law looks at real-life arrangements, not just what’s written.
• If money is paid and you have exclusive access, you could have more legal protection under Welsh law.
• Use official forms like the Model Written Statement or proper notice forms to clarify your position if a dispute arises.

Understanding your status as a house-sitter can help avoid confusion or unfair treatment. When in doubt, seek official advice and ask for written documentation.

Need Help? Resources for Renters

• Rent Smart Wales – Information and support for renters and landlords in Wales.
• UK Government: Private Renting Guide – Overview of renting rights.
• Residential Property Tribunal Wales – Handles disputes and tenancy matters.
• Find Your Local Council in Wales – Local authority contact for housing advice.

---

1. Renting Homes (Wales) Act 2016 – Full legislation text
2. Residential Property Tribunal Wales
3. Rent Smart 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