Understanding Excluded Licences and Tenancies in Wales

When renting a home in Wales, it's vital to understand whether you have an excluded licence or a tenancy. These two arrangements offer different legal protections, especially when it comes to eviction, notice periods, and your rights as a renter. Knowing your type of agreement can make a significant difference if you face issues such as rent increases, maintenance problems, or eviction.

What Are Excluded Licences and Standard Tenancies?

The difference between an excluded licence and a tenancy in Wales mainly comes down to your living situation and the level of rights you have under the law.

• Excluded Licence: Usually applies if you share living space (like a kitchen or bathroom) with your landlord, such as renting a room in their main home.
• Tenancy: This is a formal agreement that typically gives you more rights. You usually do not share living space with your landlord. In Wales, most private renters since 1 December 2022 have a "standard contract" under the Renting Homes (Wales) Act 2016.

Key Differences

Here are the core differences affecting Welsh renters:

• Notice & Eviction: Tenancies offer more protection; you usually must receive a longer written notice. Excluded licences can be ended with shorter notice – sometimes just "reasonable notice" (often the length of your rent period).
• Right to Stay: Tenants can only be evicted by a court order. If you have an excluded licence, your landlord can ask you to leave without going to court.
• Repairs & Standards: Both arrangements require basic standards, but tenants often have clearer rights to repairs.

It's important to check your contract wording and your living situation to know which applies to you.

How to Check if You Have an Excluded Licence or Tenancy

Your rights depend on how you live:

• If you share a kitchen, bathroom, or living room with your landlord in their home, you likely have an excluded licence.
• If you do not share living space with your landlord, and rent a self-contained property, you probably have a standard contract (the main type of tenancy since December 2022 in Wales).

Ending Your Agreement: Notice Periods and Eviction

The process for ending either agreement is very different. Here’s a summary:

• Excluded licence: Your landlord only needs to give "reasonable notice" (commonly the length of the rent period). They do not need to go to court.
• Standard contract/tenancy: Your landlord must give you a written notice (called a "notice seeking possession"). They must have a valid reason or follow the required notice period as set out in the Renting Homes (Wales) Act 2016.

• If you do not leave at the end of notice under a standard contract, your landlord must apply to the court to evict you. For excluded licences, there is no need for a court order.

Eviction rules depend on your agreement. Confirm your rights before leaving the property or responding to any notice.

Official Forms Renters Should Know

If you have a standard contract (tenancy), your landlord must use certain official forms when ending your agreement or seeking possession:

• RHW17 Form – Section 173 Notice
  Used to end a standard contract (no-fault notice) in Wales. This form should be given to you with the notice period required by law (usually 6 months for standard contracts started on or after 1 December 2022).
  View the RHW17 Section 173 Notice.
  Example: Your landlord wants to take back their property for personal use and serves this form six months before the intended end date.
• Eviction claim to the court
  If you do not leave by the notice date, your landlord needs to make a possession claim to the court. There’s no single form for renters, but you may receive court documents to respond to. See more at the official UK Government eviction notice guidance.

Excluded licence: For excluded licences, your landlord does not have to use formal written eviction forms or go to court, but must still give reasonable notice.

Where to Get Help: Housing Disputes and the Tribunal

If you disagree with your landlord or believe your notice was not legally given, you may be able to challenge your eviction.

• All court eviction cases in Wales go through the County Court. This is where landlords must apply for a possession order if you stay past your notice period (except for excluded licences).
• For disputes about repairs, maintenance, or illegal eviction, contact your local council’s housing department.

For more on your legal position, see the Welsh Government's Renting Homes guidance.

If You're Unsure

Save all communications and tenancy agreements. Free confidential support is available if you are in doubt or require legal guidance.

FAQ: Excluded Licences and Tenancies in Wales

1. How can I tell if I have an excluded licence or a tenancy in Wales?
   The clearest sign is whether you share living space (like a kitchen or bathroom) with your landlord. If you do, it's likely an excluded licence. If you rent self-contained accommodation, you probably have a tenancy (known in Wales as a "standard contract").
2. What notice must my landlord give to end an excluded licence?
   Your landlord must give "reasonable notice" – usually the length of your rent payment period, but they do not need to use formal notices or court proceedings.
3. Can my landlord evict me without going to court?
   If you have an excluded licence, yes—they can ask you to leave once the notice period is over. For standard contracts (tenancies), landlords must apply to the County Court if you don't leave after receiving a valid notice.
4. What official form does my landlord use to end a standard contract?
   The main form is the RHW17 Section 173 Notice. It must be given to you with the correct notice period.
5. Where can I get support if I think my eviction is unfair or illegal?
   You can contact your local council housing department or tenant advocacy services like Shelter Cymru (see resources below).

Key Takeaways for Renters in Wales

• Your rights depend on whether you have a tenancy (standard contract) or an excluded licence.
• Excluded licences have fewer protections—eviction can happen with shorter notice and no court order.
• Always check your agreement and seek advice if unsure about your eviction or rent rights.

Understanding your agreement is the first step in protecting your rights. Consult official guidance or free support services for tailored help.

Need Help? Resources for Renters

• Welsh Government Renting Homes Guidance
• Shelter Cymru: Free advice and support
• Find your local council's housing department
• Wales County Court (for eviction cases)

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1. Renting Homes (Wales) Act 2016
2. Welsh Government: Types of Rent Agreement
3. UK Government: Eviction Notice Guidance
4. Welsh Government: Section 173 (RHW17) Notice
5. Shelter Cymru

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