Lodger Rights in Private Homes in Wales: Your Legal Protections Explained

If you live as a lodger in someone's private home in Wales, your legal rights differ from those of tenants with standard rentals. Understanding these rights helps you respond confidently to issues like rent increases, eviction, or property maintenance.

Who Counts as a Lodger in Wales?

A lodger is someone who rents a room in a home where the landlord also lives. This is different from tenants in self-contained flats or houses. Lodgers usually share facilities like bathrooms or kitchens with their landlord.

Your Basic Rights as a Lodger

Lodgers in Wales have fewer legal protections than tenants, but you do have some critical rights. These include:

• The right to live in safe, well-maintained accommodation
• Reasonable notice before being asked to leave (unless you leave voluntarily)
• Protection from unlawful eviction or harassment
• Right to a quiet and peaceful home

Because you share living space with your landlord, you are usually considered an ‘excluded occupier’, which means you have limited protection from eviction under Welsh law¹.

Eviction Rules for Lodgers

If your landlord wishes to evict you, they must give 'reasonable notice' – usually the length of your rent period (e.g., one week if you pay weekly or one month if you pay monthly). This notice doesn't have to be in writing, but written notice is best for clarity.

• You do not have the same security as an 'occupation contract-holder' under Welsh law
• Your landlord does not need a court order to evict you but cannot use violence or harassment
• If you refuse to leave, your landlord can change the locks while you are out, but must not physically remove you

If you are unsure if your eviction is legal, contact official government guidance on private renting evictions for support.

Rent Payments and Increases

Your landlord can set the rent, but any increase should not occur mid-way through a fixed term agreement unless you agree to it. Frequent or large rent increases should be explained clearly.

• If there is a written agreement, check the terms regarding rent increases
• If your landlord wishes to change rent in a periodic arrangement (rolling weekly/monthly), it's good practice to give notice in line with your rent period

Deposits for Lodgers

Unlike most private tenants, your landlord is not required to protect your deposit in a government-approved scheme if you are a lodger in their main home. However, you should still receive a written agreement stating:

• How much deposit is paid
• When it will be returned
• The reasons your landlord might keep some or all of it (e.g. damage, unpaid rent)

Maintenance and Safety

Your landlord must keep the property safe and free from serious hazards.

• Repairs to structure, heating, gas, and water must be done promptly
• Fire safety: working smoke alarms, clear escape routes, and safe electrical systems are vital
• Lodgers are not usually covered by the stricter safety requirements for HMOs, but still have basic rights to a safe environment

What to Do If Repairs Aren't Being Done

Raise the issue with your landlord, preferably in writing or by email. If serious hazards remain unresolved, you can contact your local council’s housing department for help. Find your council's website here.

Relevant Forms and How to Use Them

• Notice to Quit: While there is no official form for lodger eviction, it is best to provide or request written notice. Use the template in the government's official guidance. Example: If you want to leave, notify your landlord in writing 1 rent period in advance.
• Complaint to Local Council: If your landlord isn’t making essential repairs, contact your local council’s private sector housing team. Find your local council here.

There is currently no tribunal or Residential Property Tribunal that deals directly with disputes between private homeowners and their lodgers in Wales. However, harassment or illegal eviction may be a criminal offence and should be reported to your council or local police.

Which Laws Protect Lodgers in Wales?

The main legislation for lodgers is the Protection from Eviction Act 1977 and relevant sections of the Renting Homes (Wales) Act 2016 (for definitions and eviction rules).

1. Do I have to be given a written agreement as a lodger?
   While written agreements aren't required by law, having one is highly recommended for clarity over notice periods, rent, deposit, and house rules.
2. Can my landlord enter my room without notice?
   Your landlord should not enter your private room without your permission unless there's an emergency. Set house rules in your agreement.
3. What if I feel I'm being harassed by my landlord?
   If you feel harassed or threatened, contact your local council’s housing team or the police. Harassment and unlawful eviction are criminal matters.
4. Are lodgers' deposits protected by a government scheme?
   No. Lodger deposits in private homes are not covered by official deposit protection rules, but you should get a written receipt and agreement about how your deposit will be handled.
5. Who can help me if I have a dispute as a lodger?
   Contact your local council’s housing department for support or advice. For legal matters, consider contacting Citizens Advice Cymru.

Need Help? Resources for Renters

• Evicting Lodgers – Official Government Guidance
• Your Rights When Asked to Leave
• Citizens Advice Cymru – Free and confidential guidance for housing issues
• Welsh Government Housing – Guidance and resources
• Find your local council for help with unsafe conditions or disputes

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1. Protection from Eviction Act 1977 (section 3A: excluded occupier definition and rules)
2. Renting Homes (Wales) Act 2016

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