Many renters in Wales worry that a past criminal conviction will stop them finding a home. Landlords can run background checks and consider unspent convictions, but they must also follow the law and avoid unlawful discrimination. This article explains relevant legislation, what landlords are allowed to ask, and the practical steps tenants can take if they are refused because of a conviction. You will find clear explanations of how the Rehabilitation of Offenders rules interact with housing decisions, which official forms and tribunals to use, and examples of how to document a dispute. The guidance is written for tenants in Wales who need straightforward, usable advice about screening, appeals and keeping their housing secure.
What the law says
Landlords and tenants in Wales are governed by laws that set when a landlord can refuse a prospective tenant. The main housing statutes you should know are the Housing Act 1988 and the Rent Act 1977, which set standards for tenancies and possession. Criminal-record rules are covered by the Rehabilitation of Offenders Act 1974, which affects whether a conviction must be disclosed and considered by a landlord.[2][3]
Can landlords refuse tenants with convictions?
Short answer: sometimes. A landlord may lawfully refuse an applicant when there is clear, relevant risk to people or property, or where an unspent conviction is directly relevant to the tenancy. However, blanket bans on applicants with any conviction can be unlawful if they amount to unfair discrimination or breach legal protections. If a refusal appears arbitrary, disproportionate or based on irrelevant historic convictions, tenants can challenge the decision.[1]
When a landlord may lawfully refuse
- Where a conviction indicates a safety risk to neighbours or the property.
- Where there is documentary evidence of antisocial behaviour tied to recent, unspent convictions.
- When a landlord can show the conviction is directly relevant to the tenancy (for example violent conduct in the rented building).
When a refusal could be unlawful
- If the landlord applies a blanket policy that creates a risk of unfair exclusion without individual assessment.
- If a refusal is based on spent convictions that are legally treated as spent and therefore would be illegal to use.
- If the refusal appears to target a protected characteristic under the Equality Act, contact a specialist adviser.
If you are refused, ask the landlord for a written reason and any evidence they relied on. That helps if you later complain to Rent Smart Wales or apply to the tribunal.[1]
Practical steps tenants can take
- Request the refusal in writing and ask for a written notice; keep copies of all messages and application records.
- Check whether the conviction is spent under the Rehabilitation of Offenders Act and gather any official records, certificates or court documents showing dates and outcomes.[2]
- Contact Rent Smart Wales or local advice services to report unfair filtering or to get free, practical advice.
- If informal resolution fails, apply to the First-tier Tribunal (Property Chamber) or county court and include your documentation and the landlord’s written reasons.[1]
FAQ
- Can a landlord check my criminal record before renting in Wales?
- Yes, landlords may carry out checks, but they can only consider unspent convictions and must base decisions on relevance and proportionality.
- Are spent convictions treated the same as unspent ones?
- No, spent convictions generally should not be taken into account once rehabilitation periods have passed under the Rehabilitation of Offenders Act.
- Where can I appeal if I think I was unfairly refused?
- Start by asking for written reasons, seek advice from Rent Smart Wales or Citizens Advice, and consider an application to the First-tier Tribunal (Property Chamber) if necessary.
How-To
- Ask the landlord for written reasons for the refusal and save all correspondence.
- Check whether the conviction is spent and record the relevant dates and timeframes for rehabilitation.
- Gather supporting documents: references, proof of stable income, and any rehabilitation or character evidence.
- Contact Rent Smart Wales or Citizens Advice Cymru for tailored advice and next steps.
- If needed, apply to the First-tier Tribunal (Property Chamber) or pursue a county court claim, attaching your documentation and the landlord’s written reasons.[1]
