Consequences for Renters if Landlord Lacks HMO Licence (Wales)

If you rent a room or flat in a house with multiple occupants in Wales, your landlord may be legally required to have a House in Multiple Occupation (HMO) licence. Operating without the proper licence can affect you as a tenant and carries significant legal consequences for your landlord. This article explains what an HMO is, what happens if your landlord doesn't have an HMO licence in Wales, and what you can do to protect your rights.

What is an HMO and When is a Licence Needed?

A House in Multiple Occupation (HMO) is any property where:

• Three or more unrelated people live together as more than one household, sharing facilities like a kitchen or bathroom.
• The property meets other tests set by Welsh housing law, like being the main residence of renters and not a purpose-built flat inside a block.

HMO licensing is governed by the Housing (Wales) Act 2014^[1]. All large HMOs (five or more occupants in two or more households) must be licensed, and many local councils also require licences for smaller HMOs. This ensures safety, proper standards, and responsible management.

Why HMO Licensing Matters for Renters

HMO licensing protects renters by:

• Setting minimum safety and maintenance standards
• Ensuring landlords are ‘fit and proper’ persons
• Preventing overcrowding and providing safeguards in shared accommodation

Check if your landlord or letting agent is registered and licensed by searching the Rent Smart Wales public register.

What Happens If Your Landlord Doesn’t Have an HMO Licence?

If your landlord is operating an HMO without a required licence, they are committing a criminal offence. This can have several important implications for you:

• Rent Repayment Orders (RROs): You may be entitled to reclaim up to 12 months of rent via a tribunal.
• Protection from Eviction: Section 21 eviction notices are invalid for unlicensed HMOs until the property is licensed.
• Health and Safety: The council can intervene to improve living standards or restrict use of the property.
• Landlord Penalties: Your landlord may face heavy fines or prosecution from the local authority.

It is very important for your safety and legal rights that your landlord follows these rules. Councils in Wales have the power to issue fines of up to £30,000, or prosecute landlords in court.

Your Rights as a Renter in an Unlicensed HMO

If you suspect your HMO property is unlicensed, you do not need to leave your home. In fact, you may have increased protection from eviction and could reclaim rent already paid. Here’s what you can do:

• Check the Rent Smart Wales register to confirm licence status
• Contact your local council to report suspected unlicensed HMOs (see Help and Support section below)
• Apply for a Rent Repayment Order (RRO) if you have paid rent during a period when the property required, but did not have, a licence

How to Apply for a Rent Repayment Order (RRO)

If your landlord failed to licence your HMO, you can apply to the Residential Property Tribunal Wales for a Rent Repayment Order. This may allow you to claim back up to 12 months of rent.

Official form: Use the Rent Repayment Order Application Form (no number) from the Welsh tribunal. This form is used when you want to recover rent as a tenant of an unlicensed HMO. For example, if you discover your landlord has not held an HMO licence for the past six months, you can apply using this form to the tribunal and include evidence such as tenancy agreements and proof of rent payments.

The relevant tribunal is the Residential Property Tribunal Wales.

Reporting an Unlicensed HMO: Practical Steps

• Contact the environmental health or housing department of your local council (find details on Find your local council).
• Provide address details and why you believe the property is unlicensed.
• Your details can be kept confidential by the council. Councils have the duty to investigate suspected unlicensed HMOs.

See more on enforcement in Wales from official sources like GOV.UK HMO Licensing Guidance.

Key Legislation and Official Guidance

• Housing (Wales) Act 2014 – Main law on landlord registration, HMO licensing, and enforcement in Wales.
• Housing Act 2004 – Sets national HMO definitions and landlord offences.
• See GOV.UK HMO Renting Guidance for a plain English summary.

The council and tribunal will always follow the latest Welsh law and guidance when deciding cases.

Frequently Asked Questions

1. What should I do if I find out my landlord’s HMO is unlicensed in Wales?
   Check the Rent Smart Wales register and contact your local council’s housing department to report it. You can also consider applying for a Rent Repayment Order.
2. Can my landlord evict me if they don’t have an HMO licence?
   No, your landlord cannot serve a valid ‘no fault’ (section 21) eviction notice if your HMO requires but lacks a licence.
3. How do I claim back rent from a landlord who failed to licence the property?
   You may apply to the Residential Property Tribunal Wales using the Rent Repayment Order Application Form. The tribunal can order repayment of up to 12 months’ rent.
4. Is it illegal to live in an unlicensed HMO in Wales?
   It is not illegal for you as a renter, but it is a criminal offence for the landlord. You are not required to leave the property if it is unlicensed.
5. Who is responsible for reporting unlicensed HMOs?
   Any person, including tenants and neighbours, can report suspected unlicensed HMOs to the local council. Councils have a legal duty to investigate.

Conclusion – What Renters in Wales Need to Remember

• Your landlord must licence HMOs in Wales – this protects you from poor conditions and unfair eviction.
• If the property is unlicensed, you could be eligible to claim rent back and the landlord cannot use certain eviction notices.
• Seek support from your council or the Residential Property Tribunal Wales if you are affected by an unlicensed HMO.

Knowing these steps helps ensure you’re protected and informed about your rights as a renter in a House in Multiple Occupation in Wales.

Need Help? Resources for Renters

• Rent Smart Wales – Check landlord and agent licensing, plus general renter guidance
• Residential Property Tribunal Wales – Apply for rent repayment and dispute resolution
• Find Your Local Authority in Wales – Contact your environmental health or housing team for HMO advice
• Shelter Cymru Advice – Free independent support and legal advice for renters
• GOV.UK HMO Guidance

---

1. Housing (Wales) Act 2014
2. Housing Act 2004
3. Residential Property Tribunal Wales
4. Rent Smart Wales public register

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation