Subletting Rules for Shared Homes and HMOs in Wales

If you're renting a room in a shared home or house in multiple occupation (HMO) in Wales, you may be wondering whether you have the right to sublet your room or invite someone else to move in. The law on subletting in Wales is specific and aims to protect both landlords and tenants, especially in shared living arrangements. This guide breaks down when subletting may be allowed, what permissions you need, and how to avoid legal issues or eviction.

What Is Subletting in a Shared Home?

Subletting means you (as the tenant) rent out all or part of your home to someone else, creating a new tenancy between you and the subtenant. In shared homes and HMOs, this often means renting out your own room, or inviting someone to share your living space, while you remain responsible for the tenancy.

Subletting Legalities: What Does Welsh Law Say?

In Wales, most private renters' rights and rules—including those about subletting—are governed by the Renting Homes (Wales) Act 2016¹.

• Shared homes and HMOs (House in Multiple Occupation) have extra legal requirements, including licensing, minimum safety standards, and rules about who can legally live there.
• Most tenancy contracts (called "occupation contracts" in Wales) specifically state whether you can sublet or take in a lodger. This is usually not allowed unless you have your landlord’s written consent.

Always Check Your Occupation Contract

Your occupation contract is the written agreement you sign with your landlord. In Wales, your landlord must provide a written statement of the contract—this sets out if, and how, you can sublet.

• If your contract bans subletting, doing so without permission can result in eviction.
• If your contract is silent on subletting, you must get written permission from your landlord before you sublet.

When Is Subletting Allowed in a Shared or HMO Property?

• If your occupation contract allows it: You may sublet within the terms agreed, usually after getting your landlord’s written approval.
• If your contract forbids it or you sublet without permission: This is a breach of your contract, giving your landlord grounds to seek possession through the courts.

What If You Want to Sublet? Steps to Take

If you’re considering subletting, here’s what to do:

• Check your occupation contract. Look for any terms about subletting, taking in a lodger, or adding household members.
• If subletting might be allowed, contact your landlord or letting agent in writing to request permission. Explain who would be living there and for how long.

• If your landlord agrees, make sure you get written consent and keep a copy for your records.
• Never sublet without formal, written permission—even if your landlord has allowed subletting for others.

Relevant Forms for Renters in Wales

• Written Statement of Occupation Contract: Landlords are legally required to provide this when starting a tenancy. It sets out your rights, including subletting rules.
  See official model occupation contracts on the Welsh Government site.
• Request for Consent to Sublet (no specific form): There isn’t a standard government form for this in Wales. Make your request in writing (email or letter), describe your proposal clearly, and ask your landlord to reply in writing.

Example: If your occupation contract does not mention subletting, you could write to your landlord: "I would like to sublet my room to [Name]. Please confirm in writing if you consent." Always save their response.

If Problems Arise

If your landlord refuses consent without good reason or you face eviction for subletting, you can seek advice and help from Residential Property Tribunal Wales – the official tribunal for housing disputes in Wales².

What Is the Penalty for Unauthorised Subletting?

If you sublet without permission or against the terms of your agreement, you could:

• Be evicted: Your landlord can seek a possession order through the courts or tribunal.
• Lose your deposit: Deductions may be made if your actions break the contract.
• Be liable for costs or damages caused by your subtenant.

Always act within your contract and get written permission first.

FAQ: Subletting, Shared Homes, and HMOs in Wales

1. Can I take in a lodger instead of a subtenant in a shared home?
   You still need your landlord’s permission as most occupation contracts treat both the same way. Taking in a lodger or subtenant without written consent is usually a breach of contract in Wales.
2. How do I know if my property is an HMO in Wales?
   A house in multiple occupation (HMO) is usually a home with three or more people from different households sharing facilities like a kitchen or bathroom. HMOs must meet strict licensing and safety rules—check with your local council or read more on the Welsh Government HMO guidance.
3. What if my landlord refuses my subletting request?
   If you feel their refusal is unfair or discriminatory, seek free advice from Shelter Cymru or contact the Residential Property Tribunal Wales. Avoid subletting without official consent.
4. Does subletting affect my council tax or benefits?
   Yes, having a subtenant or lodger can affect your council tax, Universal Credit, or housing benefit. Contact your local council for specific advice before proceeding.
5. Who can help if I’m threatened with eviction for subletting?
   Contact Shelter Cymru, Citizens Advice, or the Residential Property Tribunal Wales for support. They can help you navigate eviction processes and defend your rights.

Conclusion: Key Takeaways

• Subletting in shared homes and HMOs in Wales is usually not allowed without your landlord’s written permission.
• Always check your occupation contract and get all consents in writing before subletting or taking in a lodger.
• Breaching your contract by subletting can result in eviction, loss of deposit, or legal action. When in doubt, seek advice early from reputable services.

Understanding your rights and responsibilities helps protect your home and avoids costly mistakes.

Need Help? Resources for Renters

• Welsh Government – Renting and Housing
• Residential Property Tribunal Wales – for disputes and official case hearings
• Shelter Cymru – free, confidential housing advice
• Citizens Advice Wales – legal support for renters

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1. Renting Homes (Wales) Act 2016
2. Residential Property Tribunal Wales

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