Tenant Rights in Squat Situations in Wales: What You Need to Know

It can be a confusing and stressful situation if you’re a renter in Wales and suddenly find yourself in a dispute involving squatters or accused of squatting. Understanding your legal rights is vital—especially as Wales has specific laws around renting and property occupation. This guide demystifies the process and outlines what support is available, helping you to take practical steps if you’re ever in this position.

Understanding the Difference: Squatters vs. Tenants

In Wales, the law makes a clear distinction between renting legally as a tenant and squatting (occupying a property without permission). As a tenant, you have legal rights and responsibilities defined under Welsh law. Squatting, on the other hand, remains a civil and often criminal matter depending on the property and circumstances.^[1]

What Are Your Rights as a Tenant If Accused of Squatting?

If you rent a home and have proof of a tenancy agreement or rent payments, you are not considered a squatter, even if the landlord asserts otherwise. Your agreement could be written, verbal, or even implied (such as regular rental payments the landlord accepted).

• You cannot be removed from your home without proper legal process, even if the property is being repossessed.
• Landlords must follow the correct eviction procedures set out in the Renting Homes (Wales) Act 2016.^[2]
• If you’re wrongly labelled a squatter, you have a right to challenge this and provide evidence of your tenancy to the landlord, police, or court.

Dealing with Genuine Squatters in Your Home

If you discover squatters have entered your rented property (such as shared accommodation or a recently vacated room), notify your landlord and keep your tenancy documents accessible.

• Do not attempt to evict squatters yourself—this should be handled legally through the courts.
• Request that your landlord initiate formal action if the property you rent is targeted by squatters.

Shelter Cymru and the local council can provide advice if you feel unsafe or pressured by the situation.

If Facing Eviction or Accusations: Key Forms & How to Use Them

If your landlord tries to evict you by wrongly claiming you are a squatter, they must go through proper legal procedures. Here are the main forms and what to do:

• Notice of Seeking Possession (Form RHW16)
  This official form starts the eviction process for standard occupational contracts in Wales. Your landlord must serve this form with the correct notice period.
  Official guidance: Possession Notices
  Example: If your landlord believes the agreement has ended, but you’ve been paying rent, you can show your receipts or agreement as proof if they serve you this notice.
• Application for a Possession Order
  Filed by landlords with the county court if you do not leave after notice. You will receive papers from the court. Reply promptly and provide all evidence you are a legal tenant.
  Court proceedings: Eviction of tenants
• Notice by Occupation Contract Holder (RHW21)
  If you wish to leave a property for any reason (such as concerns over squatters), you must give proper notice using RHW21.
  Download RHW21 from Welsh Government

Who Handles Disputes: The Tribunal

In Wales, rental disputes (including evictions and contract issues) are generally handled by the Residential Property Tribunal Wales. Some issues may require court involvement, especially if it concerns illegal eviction or criminal squatting.

What Does the Law Say?

Your rights as a tenant in Wales are protected by the Renting Homes (Wales) Act 2016. This Act explains that a person with an occupation contract (tenancy agreement) is not a squatter and has legal protections from summary eviction.

If you receive an eviction threat claiming you are a squatter but you have a valid tenancy, seek immediate advice and keep all documentation safe.

What To Do Next: Action Steps

• Gather and keep all records: tenancy agreements, rent payments, communications with your landlord.
• If you receive a notice or court document: Respond promptly, attend the hearing, and submit your evidence to show you are not a squatter.
• Contact Shelter Cymru, your local council, or Citizens Advice for practical and legal support.
• If facing criminal accusations related to squatting, request immediate legal advice via the police station or Local Authority.

Always use official government sources or professional advice for your situation. Most actions require acting quickly to avoid unintended eviction.

Frequently Asked Questions

1. Can I be evicted as a squatter if I have a tenancy agreement?
   No. If you have a tenancy agreement or evidence of being a legal tenant, eviction must follow proper procedures under the Renting Homes (Wales) Act 2016.
2. What should I do if I’m wrongly accused of squatting?
   Gather tenancy documents, respond to any notices in writing, and contact Shelter Cymru or Citizens Advice for help.
3. Who handles rental disputes related to squatters in Wales?
   The Residential Property Tribunal Wales oversees most residential disputes. In some cases, a county court may be involved.
4. Which forms might be used if I’m facing eviction?
   Your landlord may use Form RHW16 for possession notices. Respond quickly with evidence of your tenancy.
5. Is squatting always a criminal offence in Wales?
   Squatting in residential buildings is often a criminal offence, but if you hold a tenancy or contract, these laws do not apply to you.

Key Takeaways for Renters Facing Squat Situations in Wales

• Legal tenants are protected under the Renting Homes (Wales) Act 2016, even if squatting is alleged.
• Always keep documents and respond promptly to any notices or court proceedings.
• Official bodies, such as the Residential Property Tribunal Wales, can support you if disputes arise.

If you encounter a squat-related dispute as a renter, act quickly and seek official advice.

Need Help? Resources for Renters in Wales

• Shelter Cymru – Free advice and support for renters
• Residential Property Tribunal Wales: Official dispute resolution
• Welsh Government guidance: Evicting tenants
• Citizens Advice Wales – Local support and legal information
• Welsh Government – Housing resources

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1. Government guide: Squatting and the law
2. Renting Homes (Wales) Act 2016 (legislation.gov.uk)

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