Renting from Family Members in Wales: Your Rights Explained

Renting from a family member in Wales can seem more informal or flexible, but it’s important to know that your legal rights, protections, and obligations as a renter are often similar to any other tenancy. Whether you’re concerned about eviction, rent increases, or tenancy agreements, understanding how Welsh law treats family letting arrangements is crucial to ensure your housing situation is safe and secure.

Legal Tenancies with Family Members: What You Need to Know

If you pay rent to a family member for your own home in Wales, this is usually considered a legal tenancy. Since 1 December 2022, most new and existing rental arrangements in Wales are governed by the Renting Homes (Wales) Act 2016^[1], which sets out renter and landlord responsibilities for almost all residential lets—including those with relatives.

Tenancy Types When Renting from Family

• Standard Contract: The most common rental agreement under Welsh law, replacing traditional assured shorthold tenancies. Most renters—including those letting from family—will now hold a standard occupation contract.
• Excluded Licence: If you share living space (such as a kitchen or bathroom) with your landlord (your relative), you might have fewer rights. This is common if you’re, for example, renting a room in your parents’ home.

If you pay rent and have a separate living space, you likely have the full rights of a contract-holder (the Welsh term for tenant).

Your Key Rights and Responsibilities

• Your family landlord must provide a written occupation contract (agreement) outlining the terms of your tenancy.
• They must follow the law when asking you to leave, raising your rent, or entering your property.
• Eviction still requires proper notice and legal procedures—being family does not remove these obligations.
• Property standards, repairs, and deposit protection rules usually apply, just as with any other landlord.

When Might Fewer Rights Apply?

• If you live with your landlord (family member) and share common areas, your arrangement is likely an "excluded licence." You may have less protection from eviction and do not have the right to a written contract or deposit protection.
  If you’re unsure which category applies, ask your landlord to confirm in writing whether your arrangement is an excluded licence or a standard contract, and get it in writing.
• If you have a self-contained flat or separate living area, you have stronger legal rights.

Key Documents and Forms for Renting from Family

• Written Statement of Contract (No Form Number): Your family landlord must give you a written occupation contract within 14 days of your move-in date. This details your tenancy terms. Learn more on the Welsh Government’s Occupation Contracts page.
  • Example: If you rent your uncle’s flat, he should issue you a written contract. If he doesn’t, you can request one and, if necessary, take action.
• RHW19: Notice of Increase in Rent (Periodic Standard Contract): This form is used if the landlord (including a relative) wants to increase periodic rent. See the official form and guidance at the Welsh Government RHW19 page.
  • Example: Your sibling, as landlord, must use this form and give proper notice to raise your rent.
• Deposit Protection Schemes: Any tenancy deposit taken must be protected in an authorised scheme. For guidance, see Renting a Home: A Landlord's Guide.
  • Example: If your relative holds a deposit, ask which scheme they use and request proof.

Raising Concerns or Disputes

If you feel your rights are not being respected (e.g., unfair eviction or unprotected deposit), you can seek help or challenge the issue through the Residential Property Tribunal for Wales, which handles tenancy disputes and housing issues.

Which Law Covers Renting from Family in Wales?

The main law is the Renting Homes (Wales) Act 2016, which reformed tenancy regulation. You can see the GOV.UK summary on renting from family for confirmation or more detail.

1. Do I have to pay rent if I rent from a family member in Wales?
   Yes, if there’s an agreement and you are living as a separate household, your landlord (even if a relative) can charge rent. Both parties should keep clear records.
2. What if my family landlord asks me to leave suddenly?
   Unless you share living space with your landlord, you are usually protected by Welsh tenancy law. They must give proper notice and follow the legal process.
3. Can my family member increase my rent at any time?
   No. Rent increases for periodic standard contracts require formal notice (using form RHW19) with at least one month’s notice.
4. Does my deposit have to be protected?
   Yes, if you have a standard contract and pay a deposit, your family landlord must protect it in a government-approved scheme, just like any other landlord.
5. Are there benefits to renting from family, legally?
   It may feel more flexible, but legally, you can’t waive basic renter protections—even between relatives. This safeguards both sides.

Need Help? Resources for Renters

• Shelter Cymru: Advice for Renters
• Welsh Government: Renting a Home - A Guide for Tenants
• Housing Help - Welsh Government
• Residential Property Tribunal for Wales
• Your local council’s housing options service

1. [1] Renting Homes (Wales) Act 2016