Lodger or Tenant? Your Rights in Shared Housing in Wales

Understanding if you’re a lodger or a tenant in Wales is essential—your rights around eviction, repairs, and privacy depend on this status. Whether you rent a room in a shared house or live with your landlord, knowing these differences helps protect your interests and respond confidently if issues arise.

Lodger vs. Tenant: The Key Differences in Wales

In Wales, the way you rent your home changes the legal protection you have. The main difference comes down to whether you share your living space with your landlord and if you have exclusive possession of any part of the property.

What is a Lodger?

A lodger is someone who lives in the same home as their landlord, usually renting a room and sharing facilities like the kitchen or bathroom. The landlord usually has access to your room and you don’t have a separate tenancy agreement—often called an "occupancy agreement." Lodgers have fewer legal rights than tenants and do not get the same protection from eviction.

• You live with your landlord in their main home
• You share living spaces (like bathroom, kitchen, or lounge)
• Your landlord can enter your room, as agreed
• You’re not covered by the main renting laws for tenants (like the Renting Homes (Wales) Act 2016)

What is a Tenant?

A tenant is someone who rents all or part of a property from a landlord who does not live there. In most shared houses or flats, tenants have a fixed-term or periodic contract, known as an “occupation contract” in Wales. You have exclusive possession of your room or the whole property and your landlord must follow set rules about notice periods and eviction.

• You do not live in the landlord’s main home
• You have legal rights to privacy and your landlord needs to give notice to enter
• You’re covered by the Renting Homes (Wales) Act 2016
• Your landlord must provide a written statement of your contract and follow official eviction processes

Most renters in Wales who share with strangers, or rent a whole property, are tenants under occupation contracts.

Legal Protections: Lodgers vs. Tenants in Wales

Tenants under occupation contracts have legal safeguards, while lodgers have fewer rights. Here are key differences:

• Eviction Protection: Tenants can only be asked to leave with a written notice and, in most cases, a court order. Lodgers only need 'reasonable notice', which can be verbal unless otherwise agreed.
• Deposit Protection: Tenant deposits must go in a government-backed scheme. This isn’t required for most lodgers.
• Repairs: Landlords must keep rented properties safe and habitable for tenants, but have fewer legal responsibilities to lodgers.
• Privacy: Tenants have a right to privacy, while lodgers usually allow the landlord some access to their rooms.

Eviction and Notice Periods

For tenants, your landlord must follow formal eviction procedures under the Renting Homes (Wales) Act 2016. This usually means they must give:

• 6 months’ written notice if you have a standard occupation contract and the fixed term has ended (April 2024 onward)¹
• A valid notice in the proper form—see below for details on forms

Lodgers can be asked to leave with ‘reasonable notice’. There is no strict legal minimum, but one rental period (e.g., a week for weekly rent) is common. No formal court eviction is needed unless the lodger refuses to leave.

Official Forms for Eviction and Disputes

• RHW17: Notice of Termination of an Occupation Contract
  Used when a landlord wishes to end a standard occupation contract. You must receive this form at least 6 months in advance if you’re a tenant under an occupation contract.
  View RHW17 and other official forms.
• GSR01: Application to the Residential Property Tribunal (Wales)
  If you believe your notice is invalid, you can appeal by submitting this form to the tribunal.
  Find official appeal forms and guidance.

For a practical example, if you receive a notice and believe the rules have not been followed, you can download GSR01, complete it, and send it to the Residential Property Tribunal for Wales—the tribunal that hears residential tenancy cases in Wales.

Legislation and Where to Find Help

The main law for tenants in Wales is the Renting Homes (Wales) Act 2016². There are also related regulations in the Renting Homes (Wales) Regulations 2022. Lodgers may be covered only by their agreement and basic contract law but not these full protections.

The Residential Property Tribunal for Wales deals with disputes and some eviction appeals involving tenants in Wales.

FAQ: Understanding Your Rights in Shared Housing

1. How can I tell if I am a lodger or a tenant in Wales?
   If you share living space with your landlord (who lives there) and rent a room, you are likely a lodger. If your landlord doesn’t live in the property, you’re likely a tenant under an occupation contract.
2. What notice does my landlord have to give me to move out?
   Lodgers usually get 'reasonable notice'—often equivalent to one rental period. Tenants under an occupation contract in Wales generally get 6 months’ notice in writing on official forms.
3. Do I have to use a deposit protection scheme?
   If you’re a tenant, your landlord must protect your deposit in a government-approved scheme. This is not legally required for lodgers.
4. Who can I contact if I believe I’ve been unfairly asked to leave?
   Lodgers can get advice from Shelter Cymru. Tenants can appeal to the Residential Property Tribunal for Wales if formal notice rules aren’t followed.
5. Can I be evicted without a court order in Wales?
   Only lodgers can be evicted without a court order; tenants under occupation contracts require a written notice and, in some cases, a court order to evict.

Conclusion: Key Takeaways

• Lodgers and tenants in Wales have different rights—knowing which you are is vital.
• Tenants are protected under the Renting Homes (Wales) Act 2016; lodgers are not.
• Always check your agreement and seek advice if unsure.

Before signing any agreement or if you’re facing eviction, get advice on your rights as a lodger or tenant.

Need Help? Resources for Renters

• Welsh Government Housing Advice
• Residential Property Tribunal for Wales (for challenging eviction notices)
• Shelter Cymru: Free advice and support
• Your Legal Rights (Wales) – Housing support and guidance

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1. Ending an occupation contract - Welsh Government
2. Read the Renting Homes (Wales) Act 2016

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