Renting a home should give you the peace of knowing your landlord won’t unexpectedly turn up, live in, or intrude upon your space. If you’re a renter in Wales and your landlord or their family is still living in the property, you may be wondering what your rights are and what steps you can take under current law. This guide explains what happens under Welsh law, which forms are relevant, and how you can protect your tenancy if your landlord is still occupying the property.
Understanding Exclusive Occupation and Welsh Law
Most Welsh renters have the right to exclusive occupation of their rental. This means only you (and any joint tenants) can live in your home — not your landlord. In Wales, the Renting Homes (Wales) Act 2016 sets out these tenancy rights.
- Occupation contracts: Since December 2022, most Welsh renters have a secure or standard occupation contract under this Act.
- Exclusive right: Your landlord cannot live at the property unless your contract specifically allows it (very rare).
- If the landlord tries to stay: This may invalidate your contract or turn your agreement into a different legal arrangement, limiting your renter protections.
In summary, your landlord should NOT be occupying the property with you, unless you are in shared accommodation specifically set out in your contract.
What to Do if Your Landlord Still Occupies the Property
If your landlord or their family is living in your rented home or has keys and enters without notice, this could be classed as a breach of contract or even harassment. Here’s what you should do:
- Review your written contract (occupation contract) to check for any clauses about shared living arrangements – these are unusual.
- Communicate your concerns to your landlord in writing, explaining your right to exclusive occupation.
- Keep a record of all communications and incidents.
- If the issue continues, consider seeking help from Rent Smart Wales or your local council's housing department.
- You may also apply to the Residential Property Tribunal (Wales) if your rights are being infringed.
Harassment and Illegal Eviction
By remaining in the property, a landlord may be unlawfully interfering with your right to live peacefully in your home. Under Protection from Eviction Act 1977, it is an offence to harass or illegally evict a tenant. This includes:
- Entering the property without notice except in an emergency
- Attempting to force you out or making your life unpleasant so you leave
- Living in the property without proper agreement
Relevant Official Forms for Welsh Renters
- RHW6: Application to Residential Property Tribunal (Wales)
When to use: If your landlord’s actions may be breaching your occupation contract or you are being harassed.
Example: You’ve requested that your landlord stop entering or living at the property, but the problem continues. You can apply to the Residential Property Tribunal (Wales) using the RHW6 form. - Local Authority Complaint Form
When to use: To report harassment or illegal eviction to your local council, who can take enforcement action. See your local authority website for information.
Your Rights Under Renting Homes (Wales) Act 2016
The Renting Homes (Wales) Act 2016 outlines rights for contract-holders, including:
- Exclusive possession of the property
- Protection from landlord interference or harassment
- Security of tenure — your landlord must follow strict legal processes if they want to end your contract
If your landlord lives with you, you may not be protected by this Act. That’s why it’s important to seek advice quickly.
What Is the Residential Property Tribunal (Wales)?
This independent body handles disputes between landlords and renters in Wales. If you have ongoing issues, they can adjudicate on your right to exclusive occupation or potential breaches of your contract. Learn more on the official Residential Property Tribunal Wales site.
FAQ: Landlord Still Living in My Rental Home in Wales
- Can my landlord stay in my rented property with me in Wales?
No, unless you have a specific shared accommodation arrangement in your written contract. Standard occupation contracts guarantee you exclusive occupation. - What can I do if my landlord keeps entering or living in my home?
Write to your landlord citing your rights, keep records, and if it continues, contact your local council or submit an RHW6 application to the Residential Property Tribunal (Wales). - Do I have the same protections if my landlord lives with me?
No. If your landlord lives in the property, this may count as a lodger arrangement, not an occupation contract, and you lose many legal protections. It’s important to clarify your status. - What legal documents should I check?
Review your occupation contract and keep written evidence of the landlord’s actions. Use the RHW6 form or your local council complaint process as needed. - Who can help if I feel harassed or threatened?
Your local council’s housing department, Rent Smart Wales, or the Residential Property Tribunal (Wales) can provide support and advice.
Key Takeaways for Welsh Renters
- In most cases, Welsh law says your landlord should not live in your rented property with you.
- If they do, you may lose important legal protections, and you should seek advice quickly.
- Keep records, use official forms, and approach your council or the Residential Property Tribunal if needed.
Addressing this situation promptly helps protect your security and peace of mind as a renter.
Need Help? Resources for Renters in Wales
- Welsh Government: Renting Homes Guidance — The most up-to-date official information for tenants
- Residential Property Tribunal (Wales) — For disputes and official complaints
- Rent Smart Wales — Register complaints about landlords or get advice
- Find your local council — Report harassment or illegal eviction to your housing team
