What foster carers should know about tenancy in Wales
Fostering can be treated differently from subletting or having lodgers under many tenancy agreements. The main statutory framework for possession and assured tenancies remains the Housing Act 1988[1] and, where relevant, older protections under the Rent Act 1977[2]. In practice you should check your written tenancy agreement first, because clauses on use of the property and requiring landlord consent are common.
Landlord permission, lease clauses and fostering
Many landlords will require written permission or a licence to foster. If you have a clause preventing additional occupants, ask your landlord for a clear written agreement describing what is permitted and for how long. If a local authority placement or fostering agency requires minor changes to the property, get any landlord consent in writing.
- Check your tenancy agreement for clauses about subletting, lodgers or fostering.
- Ask the landlord in writing for permission or a temporary licence, explaining the fostering arrangements and expected duration.
- Keep a dated copy of any permission, licence or variation to your tenancy.
Repairs, safety and housing standards
Landlords have a legal duty to keep the structure, heating, water and sanitation in working order. If a property is unsafe or has hazards (for example faulty heating or damp that affects health) report the issue in writing and ask for a timescale for repair. If the landlord does not act, you can ask the local authority to inspect for housing hazards.
- Report repairs in writing with dates and a clear description of the problem.
- Keep photos, messages and a repair log as evidence of the issue and your reporting attempts.
- Contact the local authority if hazards are unresolved and affecting health or safety.
Notices, deadlines and eviction
Possession proceedings are generally brought under the Housing Act 1988 and landlords must use the correct notice and court process to seek possession. If you receive a notice, read it carefully for grounds and deadlines, respond in writing and get advice early. You may be able to challenge incorrect notices or ask for more time to move if you are fostering.
- Respond to any notice within the deadline stated and keep proof of your reply.
- Seek advocacy or legal advice quickly if you face possession proceedings or an eviction.
- Gather tenancy agreements, permission letters, fostering placement records and repair logs to support your case.
Official forms and tribunals: what you may need
Different forms can be used by landlords and by tenants in disputes. County court possession claims often use specific claim forms and the First-tier Tribunal (Property Chamber) can consider some housing disputes; seek the right form for your situation and follow filing instructions.
- Claim form N5 (possession) Use when a landlord starts a county court possession claim after serving a Section 8 notice under the Housing Act 1988; for example, if a landlord claims possession for rent arrears, they file an N5 and attach the relevant notice and evidence. See the official forms guidance[5].
- Section 8 notice (Housing Act 1988) Not a single universal form on GOV.UK, but a statutory procedure: the notice must cite grounds and give the correct period; landlords will often follow court guidance when preparing a notice[1].
- Applications or contact with the First-tier Tribunal (Property Chamber) If a dispute falls within the Tribunals remit, follow the tribunals application process and timescales; the Tribunal provides directions and hearing dates for disputes about rents, rights or certain possession issues[3].
FAQ
- Can my landlord refuse permission to foster?
- Yes, a landlord can refuse if the tenancy agreement prohibits additional occupants, but refusal should be reasonable. Ask for written reasons and consider seeking mediation or advice if you think the refusal is unfair.
- Will fostering affect my right to stay in the property?
- Not automatically. If you have permission or can reach an agreement with your landlord, your tenancy continues. If a landlord pursues possession because you foster, you can challenge the notice with evidence and legal assistance.
- What evidence helps if a landlord objects?
- Written permission, fostering placement letters from the local authority or agency, tenancy agreement clauses, repair logs, and dated communication with your landlord are all useful evidence.
How-To
- Check your tenancy agreement for any clause about additional occupants or fostering and note any required landlord consent.
- Write to your landlord explaining the fostering placement, attach any local authority or agency confirmation, and request written permission or a licence.
- Keep copies of all correspondence, photographs of the property, and placement records to build an evidence pack.
- If the landlord refuses or serves a notice, seek advice and consider applying to the First-tier Tribunal (Property Chamber) or responding in court with your evidence.
Key Takeaways
- Always check and keep a copy of your tenancy agreement before fostering.
- Get written landlord permission or a licence to reduce the risk of disputes.
- Document repairs, placements and communications to support your position in a dispute.
