Claiming Compensation for Emotional Distress in Wales

Dealing with difficult rental situations can be extremely stressful. If you're a renter in Wales facing issues such as illegal eviction, unsafe property conditions, or harassment, you may be wondering if you can claim compensation for emotional distress—alongside or as part of a Rent Repayment Order. This article explains your rights, the legal framework in Wales, and your options if you have suffered emotional upset due to your landlord’s actions.

Understanding Rent Repayment Orders (RROs) in Wales

In Wales, a Rent Repayment Order (RRO) allows a renter to claim back up to 12 months’ rent if their landlord has committed certain housing offences, such as illegal eviction, harassment, or failing to comply with property licensing laws. RROs are governed by the Housing (Wales) Act 2014 and are decided by the Residential Property Tribunal Wales (now known as the Residential Property Tribunal for Wales).

Does an RRO Cover Emotional Distress?

RROs are designed primarily to recover rent paid during periods when a landlord has broken the law. Unfortunately, UK housing law—including in Wales—does not allow Rent Repayment Orders to cover compensation for emotional distress or personal suffering. These orders are limited to the repayment of rent related to specific statutory offences by your landlord.

Can You Claim for Emotional Distress in Welsh Tribunals?

In Wales, compensation for emotional distress is typically not available through rent repayment or standard tenancy claims at housing tribunals. Generally, only the courts—rather than tribunals—can award damages for emotional harm, and only in rare, serious cases involving harassment, discrimination, or criminal actions.

• Rent Repayment Orders: Only cover rent, not distress.
• Harassment or illegal eviction: You may seek additional remedies, but a separate civil claim in the courts is required for emotional distress.
• Discrimination or Human Rights issues: If your case involves these, consider seeking legal advice, as you may have a potential claim in court.

For the vast majority of Welsh renters, emotional distress alone is not a recognised compensation ground in rental tribunals or Rent Repayment Order proceedings.

How to Apply for a Rent Repayment Order in Wales

If you want to claim back rent due to a landlord’s legal offence, you must apply to the Residential Property Tribunal for Wales. The process is straightforward, but applying for emotional distress is not included in the RRO process.

Relevant Official Form: Rent Repayment Order Application

• Form Name: Application for Rent Repayment Order (Residential Property Tribunal Wales)
• How to Use: Use this form if you believe your landlord has committed an offence such as illegal eviction or failing to license the property. Complete the form and provide evidence (such as tenancy agreements and proof of payments) to support your application. Download and submit the application form here.

Practical Example:
If your landlord evicts you without following the correct legal procedure, you can complete the Rent Repayment Order form to recover up to 12 months’ rent you’ve paid during the offence period.

If Emotional Distress Occurs: Additional Steps

If you have suffered emotional or psychological harm due to your landlord’s behaviour, consider these steps:

• Document Everything: Keep a diary and copies of all communications.
• Seek Advice: Contact Citizens Advice Cymru for free support.
• Report Harassment or Criminal Behaviour: If you feel threatened or are harassed, contact the police and your local council’s housing team.
• Consider Legal Advice: For severe cases, a solicitor can advise if a separate civil court claim for damages is possible.

Summary: While emotional distress is not compensated via RROs in Wales, other legal channels may be available for serious wrongdoing. Always seek advice if in doubt.

FAQs About Emotional Distress Compensation for Renters in Wales

1. Can I add emotional distress to a Rent Repayment Order claim in Wales?
   No. Rent Repayment Orders in Wales only allow you to reclaim rent paid during the period of your landlord’s offence, not compensation for personal suffering or upset.
2. What should I do if I experience distress as a result of my landlord’s behaviour?
   Document incidents, seek support from Citizens Advice Cymru, and if the behaviour is severe or criminal, report it to the police or local council. Consult a solicitor if you believe you may have a civil claim.
3. Are there any other ways to get compensation for emotional harm from a landlord?
   You may be able to pursue a separate claim in the civil courts, but this can be complex and usually requires legal advice. Tribunal proceedings for RROs or similar housing issues do not provide this remedy.
4. Which tribunal handles Rent Repayment Orders in Wales?
   The Residential Property Tribunal for Wales handles these applications.
5. Which law covers Rent Repayment Orders in Wales?
   The relevant legislation is the Housing (Wales) Act 2014 (Part 4, Chapter 4).

Conclusion: Key Takeaways for Renters

• Rent Repayment Orders in Wales do not provide compensation for emotional distress—only repayment of rent.
• For emotional harm, consider legal advice for a separate court claim, especially in serious cases of harassment or discrimination.
• Keep records, seek advice, and use official claim forms through the Residential Property Tribunal for Wales for rent-related offences.

In summary, while your options for claiming emotional distress through Welsh housing tribunals are limited, official support and advice is available to guide your next steps.

Need Help? Resources for Renters in Wales

• Residential Property Tribunal for Wales – Information and official forms for Rent Repayment Orders
• Citizens Advice Cymru – Free, confidential advice on housing and legal problems
• Welsh Government Housing Support – Help for tenants in Wales
• Housing (Wales) Act 2014 – Official legislation guiding RROs and tenant protections
• Your local council’s housing team – For urgent issues or to report landlord offences (find via Find your local council)

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1. Housing (Wales) Act 2014 – Part 4, Chapter 4: Rent Repayment Orders
2. Residential Property Tribunal for Wales – Official Website
3. Citizens Advice Cymru – Illegal Eviction and Harassment

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