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If you are renting your home, you are likely to have been granted either a tenancy or a licence to live in the property by your landlord. The type of tenancy or licence you have depends on many things, including who your landlord is and when the agreement started.
Please note, over the next 2 years many of the laws about renting homes in Wales are going to change. See our page on the Renting Homes (Wales) Act 2016 to keep up to date.
The main difference between a tenancy and a licence is that a licence usually gives you less protection from eviction. A tenancy gives you a legal right to live in a certain property, whereas a licence gives you personal permission to live there.
In practice, however, the dividing line between a licence and certain types of tenancy is often unclear. You will not necessarily have a licence or a tenancy just because the landlord says that’s what you have (see below).
Your agreement can give you extra rights, but it cannot take away any rights that the law gives you. These depend upon the type of tenancy you have and who your landlord is – a private landlord, a council or a housing association, for example. Check the section of this website that covers the type of landlord you have to find out more, and get advice if you’re not sure of your rights.
Most landlords will give you a written agreement but, even if you don’t have one, you still have rights. If the landlord accepts rent from you for living in the property, then any verbal agreement you have made counts as a legal agreement. It will be either a tenancy or a licence (see below).
Your landlord can’t take away your basic rights simply by not giving you a written agreement. The rules apply to everyone renting a home and don’t have to be written down. However, verbal agreements can be more difficult to enforce if there is any dispute, so it’s worth asking your landlord to put it in writing. It will be in her/his interest as well as yours to ensure that both sides understand their rights and responsibilities.
If you have a written agreement, it should set out the rights and responsibilities you have while you’re renting, and should list the terms and conditions you and your landlord need to stick to while you’re living there. Read it carefully before you sign it and ask the landlord to clarify anything you’re unsure of. Certain rights and obligations will apply regardless of what the agreement says.
Check whether your agreement includes information such as:
Many landlords use standard tenancy agreements where these terms are already set out.
In most cases yes, but it’s possible that you have a different type of tenancy than your agreement says you have. Although most tenancy agreements get this right, it’s worth double checking, because different types of tenancy give you very different rights.
The type of tenancy you have doesn’t just depend on what’s written in your agreement.
It also depends on:
For example, most people who rent from a private landlord, and don’t share living space with them, will have an assured shorthold tenancy. The landlord of an assured shorthold tenancy can end the agreement for any reason, provided they give the tenant proper notice and follow the correct procedure. However, if the tenancy started before a certain date, the agreement might actually be an assured tenancy or a regulated tenancy, even if the agreement says otherwise. Both of these types of tenancy give much stronger rights, including the fact that the landlord would have to prove a special legal reason in court before ending the agreement.
Your agreement, whether a tenancy or a licence, should be written in straightforward language that you can understand.
It shouldn’t contain any unfair terms, such as clauses saying:
Unfair terms are not legally binding. If you think your agreement includes unfair terms or your landlord is holding you to something you don’t think is fair, ask an adviser to look at the agreement for you. The Competition and Markets Authority have produced guidance to businesses about unfair contract terms.
If you sign a joint agreement with another person or group of people, you have exactly the same rights and obligations as each other. You are all equally responsible for sticking to the conditions of the agreement. For example:
Some tenancy agreements are granted for a fixed term, such as six months or one year.
When the fixed term ends one of two things will happen:
In most cases, your landlord has to give you notice and can’t just ask you to move out on the last day. There are special procedures the landlord has to follow if s/he wants you to leave. These depend on the type of tenancy you have.
If you know you want to leave at the end of the fixed term it is best to give the landlord notice.
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We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.
This page was last updated on: December 3, 2020
Shelter Cymru acknowledges the support of Shelter in allowing us to adapt their content. The information contained on this site is updated and maintained by Shelter Cymru and only gives general guidance on the law in Wales. It should not be regarded or relied upon as a complete or authoritative statement of the law.