Understanding Property Guardian Schemes in Wales

If you're a renter in Wales exploring alternative living arrangements, you might come across Property Guardian Schemes. These schemes offer affordable accommodation but come with important differences from standard renting. This guide explains what these schemes are, your rights, and how to protect yourself under Welsh law.

What Is a Property Guardian Scheme?

A Property Guardian Scheme allows people—known as property guardians—to live in empty commercial or residential buildings at a reduced cost. In return, guardians help keep the property safe and deter anti-social behaviour or squatting. These arrangements are popular with those seeking lower rent or flexible living in urban areas. However, they come with less legal protection than traditional tenancies.

How Do Property Guardian Schemes Work in Wales?

Most property guardians sign a licence to occupy rather than a tenancy agreement. This means you usually have fewer rights than a regular renter. Guardian companies manage the building and set the house rules. You typically must leave the property with only a short period of notice, and the building may not be designed for long-term living. In Wales, it’s essential to know your status under the law and what rights you do—and don’t—have.

Key Features of Guardian Schemes

• Lower cost but less secure than a tenancy
• Short notice periods (often 28 days or less)
• Guardians often share facilities with others
• Limited rights to repairs and health standards

Always confirm if you are a guardian (licensee) or a tenant. Your rights differ depending on your legal status.

Your Rights and Legal Protections as a Property Guardian in Wales

In Wales, most property guardians do not have the full protection of standard renters under legislation such as the Renting Homes (Wales) Act 2016^[1]. Instead, you will likely be a licensee, meaning your agreement is less secure. However, you still have some basic rights, especially relating to safety and standards:

• The property must be safe and free from serious hazards under the Housing Act 2004^[2]
• You are protected from unlawful eviction by the Protection from Eviction Act 1977^[3]
• If your agreement gives you exclusive possession of a room or flat, you may have more rights than a standard licensee—always check your contract

Official Forms and Guidance for Property Guardians

• Rent Repayment Orders (Form RRO1): If your guardian company operates without a licence where required, you may be able to claim rent back. Use the official Rent Repayment Order application form (RRO1).
  Example: If you discover your building isn’t properly licensed, complete Form RRO1 to apply to the Residential Property Tribunal to claim up to 12 months’ rent.
• Complaint to Rent Smart Wales: All managing agents in Wales must register with Rent Smart Wales. Use their online portal to report problems such as unlicensed management or unsafe housing conditions.

Resolving Disputes: Which Tribunal Handles Property Guardian Issues?

The Residential Property Tribunal Wales (RPT) handles most disputes relating to housing, rent repayment orders, or unlawful eviction^[4]. If you have a complaint or believe your rights have been breached, you can apply to the RPT for a formal decision.

Relevant Tenancy Legislation in Wales

• The main legislation for renters and occupants in Wales is the Renting Homes (Wales) Act 2016. However, property guardians often fall outside of its protections.^[1]
• Health and safety is enforced under the Housing Act 2004.
• Protection from illegal eviction comes from the Protection from Eviction Act 1977.

How to Protect Yourself in a Property Guardian Scheme

If you’re thinking of joining a scheme, follow these practical steps to stay safe and informed:

• Ask for a written agreement and read it thoroughly
• Check if the guardian company is registered with Rent Smart Wales
• Ensure the property meets health and safety requirements (see government safety standards)
• Know your rights—and where to go if you need help (see resources below)

1. Do property guardians in Wales have the same rights as tenants?
   Most do not. Guardians are usually licensees, which gives fewer protections than a tenancy. However, you do have basic safety rights and protection from illegal eviction.
2. How much notice do I get in a property guardian scheme?
   Notice is often minimal—usually 28 days, but sometimes less, depending on your agreement. Always check your contract for details.
3. Can I challenge a rent increase as a property guardian?
   Challenging a rent increase is more difficult than for tenants, as rent-setting is at the company’s discretion unless your contract includes set terms.
4. What happens if the building is unfit or unsafe?
   You can report issues to the local council’s housing department. If the building is hazardous, your license may be ended, but you are still protected from unlawful eviction methods.
5. Where do I go if I need to resolve a dispute?
   The Residential Property Tribunal Wales can hear applications about rent repayment or unlawful eviction, depending on your circumstances.

Key Takeaways for Renters Considering Property Guardian Schemes

• Guardian schemes offer affordable living but much less security than standard renting
• Your rights are limited—understand your agreement before moving in
• If something goes wrong, official bodies like Rent Smart Wales and the Residential Property Tribunal Wales can help

Need Help? Resources for Renters

• Rent Smart Wales – Register complaints and access guidance for renters and licensees in Wales
• Residential Property Tribunal Wales – Apply for rent repayment orders, resolve eviction or housing disputes
• Welsh Government Housing Advice – Information on renting, safety, and housing law
• UK Government Guide to Private Renting – Government advice on rights and responsibilities

---

1. Renting Homes (Wales) Act 2016
2. Housing Act 2004
3. Protection from Eviction Act 1977
4. Residential Property Tribunal Wales

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation