Claiming Back Rent for Unlicensed Properties in Wales

If you've discovered your rented property in Wales wasn't properly licensed, you may wonder whether you can reclaim some or all of your rent. Welsh law provides protections for tenants in this situation. This guide explains your rights, how to apply for a Rent Repayment Order, and where to find official help.

What Is a Rent Repayment Order (RRO)?

A Rent Repayment Order is a legal process allowing tenants to claim back up to 12 months of rent paid to a landlord who has committed certain housing offences—most commonly, renting out an unlicensed property. In Wales, this covers properties that should be licensed under the Housing (Wales) Act 2014.

When Must a Property Be Licensed in Wales?

Landlords in Wales must register and, for certain properties (especially Houses in Multiple Occupation/"HMOs"), obtain a licence under the Rent Smart Wales scheme. Failure to do so is a criminal offence and can entitle tenants to seek compensation.

• All landlords must register themselves and their properties with Rent Smart Wales.
• If a property is an HMO, or the landlord undertakes property management, a specific licence may also be required.

Your Rights: Can You Get Rent Back?

If your landlord let out a property that required (but lacked) an HMO or landlord licence, you can apply for a Rent Repayment Order (RRO) via the official tribunal. In Wales, this is handled by the Residential Property Tribunal Wales.

Qualifying Conditions for an RRO

• The property was let while unlicensed, in breach of sections 7 and 12 of the Housing (Wales) Act 2014.
• You were a tenant during the period the offence occurred.
• You apply within 12 months of the offence.

Successful applicants can generally claim back up to 12 months' rent, although the Tribunal decides the exact amount.

How to Apply for a Rent Repayment Order

Applying for a Rent Repayment Order involves submitting the correct form and supporting documents to the Residential Property Tribunal Wales. Below is an outline of the process and the forms involved.

Key Steps

• Gather evidence: Proof of rent payments, tenancy agreement, correspondence with your landlord, and confirmation from Rent Smart Wales that the property was unlicensed.
• Download and complete Form RRO1 (Application for a Rent Repayment Order)
• Submit your application: Send your form and supporting evidence to the Residential Property Tribunal (Wales).
• Wait for notification: The Tribunal will ask for further evidence if needed, then hold a hearing or decide your case on paper.

Official Form: Application for Rent Repayment Order (Form RRO1)

• Form Name: Application for a Rent Repayment Order
• Form Number: RRO1
• When to Use: Use if you want to claim back rent paid while the property was unlicensed in Wales.
• Example: You're a tenant in a house let as an HMO in Cardiff and discover the landlord had no HMO licence during your tenancy.
• Official link: RRO1 application form (Residential Property Tribunal Wales)

After Submitting Your Application

Once your claim is lodged, the Tribunal reviews it and, if necessary, schedules a hearing. If your application is successful, your landlord may be ordered to pay back some or all the rent you paid during the unlicensed period.

FAQ: Rent Repayment Orders in Wales

1. How far back can I claim rent with a Rent Repayment Order?
   You can claim for rent paid during a period of up to 12 months when the property was unlicensed, provided you apply within 12 months of the offence.
2. What evidence do I need to make a successful RRO application?
   You'll need your tenancy agreement, proof of rent payments, and evidence from Rent Smart Wales that the property lacked the required licence.
3. Is there a fee to apply for a Rent Repayment Order in Wales?
   There may be a small fee to apply. Check the Residential Property Tribunal Wales fees page for the latest information.
4. Can my landlord evict me if I apply for an RRO?
   Your legal rights as a tenant remain protected, but if you have concerns about eviction, get advice from Shelter Cymru or Citizens Advice before applying.
5. Who makes the final decision on my claim?
   The Residential Property Tribunal Wales is the official body that hears and decides on Rent Repayment Order applications in Wales.

Conclusion: Key Takeaways

• Rent Repayment Orders in Wales let tenants claim back up to 12 months' rent if the property was unlicensed.
• Use Form RRO1 and apply through the Residential Property Tribunal Wales.
• Check your landlord’s licensing status on the Rent Smart Wales register before applying.

Welsh renters are protected when landlords let out unlicensed properties. If in doubt, use the resources below to get support.

Need Help? Resources for Renters

• Rent Smart Wales – Check landlord and property licensing, free advice
• Residential Property Tribunal Wales – Apply for a Rent Repayment Order and official forms
• Shelter Cymru – Free, confidential housing advice
• Citizens Advice Wales – Tenant rights information and help

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1. Housing (Wales) Act 2014
2. Rent Smart Wales – official licensing register
3. Residential Property Tribunal Wales – official RRO forms and guidance

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