Consequences for Landlords Breaking Housing Law in Wales

If you’re renting in Wales and worried that your landlord isn’t following the law, it’s important to know your rights and the steps you can take. Wales has unique rules for tenants and landlords, and several protections are in place to ensure safe, fair renting. Understanding what happens if a landlord breaks housing law in Wales can give renters peace of mind and help resolve issues confidently.

How Landlords Must Comply with the Law in Wales

Landlords in Wales are required to meet strict legal obligations under the Renting Homes (Wales) Act 2016. These include:

• Registering properties and themselves with Rent Smart Wales
• Providing a written occupation contract and relevant information to tenants
• Maintaining property to a safe and decent standard
• Protecting any tenancy deposit in a government-backed scheme
• Following fair procedures for rent increases and eviction

Failure to comply with these duties can lead to serious consequences for landlords.

What Happens If a Landlord Breaks the Law?

When a landlord in Wales fails to meet their legal obligations, several things can happen, including:

• Penalties and fines: Landlords may be fined or prosecuted by local authorities or Rent Smart Wales.
• Rent Repayment Orders: You might be able to reclaim rent through the Residential Property Tribunal for Wales.
• Eviction restrictions: Landlords who break certain laws cannot evict tenants using the no-fault procedure until the issue is resolved.
• Criminal offences: Failing to register or license may be a criminal matter.

Most common breaches involve failure to register with Rent Smart Wales, not supplying key documents, or serious safety hazards. Official action may come from your local authority or national housing enforcement bodies.

Action Steps: What Can Renters Do?

If you believe your landlord has broken the law, you have several ways to seek help:

• Contact Rent Smart Wales: Report unregistered or unlicensed landlords with their online complaint form.
• Speak with your local council: Councils can investigate unsafe housing conditions or harassment.
• Apply to the Residential Property Tribunal for Wales: If your landlord fails to license/register, did not protect your deposit, or issued an illegal eviction, you may apply to the tribunal.
• Use official forms for complaints or appeals (see below).

Key Official Forms for Renters in Wales

• Rent Repayment Order Application (Form RRO1)
  When used: If your landlord has let a property without a licence, failed to protect your deposit, or committed specific offences, you can apply for a rent repayment order.
  Example: If your landlord has not registered with Rent Smart Wales and you’ve already paid rent, you may apply to reclaim up to 12 months’ rent.
  Find the Rent Repayment Order Application Form (RRO1) here.
• Occupation Contract Issue—Application to Tribunal
  When used: This is for disputes about your occupation contract, such as illegal eviction or deposit issues.
  Example: If your landlord tried to evict you without providing the correct written notice, you can apply for a decision.
  Find forms and guidance on the Residential Property Tribunal for Wales website.

Always provide clear evidence and documentation when submitting any official form.

How Are Penalties Enforced?

Most tenant-landlord disputes and breaches of housing law in Wales are dealt with by the Residential Property Tribunal for Wales. Local councils and Rent Smart Wales also have enforcement powers, including fines, banning orders, or prosecution for repeated or serious breaches. The penalties depend on the nature and severity of the landlord’s failure to follow the law.

Relevant Legislation

All tenancy rights and enforcement in Wales are set out in the Renting Homes (Wales) Act 2016.^[1]

FAQ: What Renters Need to Know

1. Can I stop paying rent if my landlord breaks the law?
   No. You must keep paying rent as usual. Instead, report the issue, seek advice, and consider applying for a rent repayment order if eligible.
2. How do I check if my landlord is registered?
   You can search on the Rent Smart Wales register.
3. What if my landlord tries to evict me after I complain?
   This may count as an illegal eviction or harassment. Gather evidence and contact your local council or Shelter Cymru for support.
4. How do I apply to the Residential Property Tribunal?
   Access forms and clear guidance for tenants on the official tribunal website.
5. Can my landlord be banned from letting properties?
   Yes, for serious breaches, landlords can face banning orders that stop them from renting out homes in the future.

Key Takeaways for Renters

• Welsh law protects renters—landlords must be registered, licensed, and follow all regulations.
• If landlords break the law, you can take official action and may recover rent.
• Always use government forms and contact your local council or Rent Smart Wales for support.

Need Help? Resources for Renters

• Rent Smart Wales – Registration, licensing, and complaints
• Residential Property Tribunal for Wales – Applications, rent orders, and disputes
• Shelter Cymru – Free, expert housing advice
• Your local council housing team – Housing standards, complaints, and enforcement

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1. Renting Homes (Wales) Act 2016
2. Rent Smart Wales
3. Residential Property Tribunal for Wales
4. Tenancy Deposit Protection in Wales
5. Shelter Cymru – Get Advice

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