Do Landlords Need a Licence to Let Property in Wales?

If you're renting in Wales, understanding whether your landlord needs a licence is crucial for your rights and peace of mind. The law in Wales is different from other parts of the UK, with specific rules requiring landlords and agents to be licensed. This article will help you know what to expect, what the law says, and what to do if your landlord isn't licensed.

Landlord Licensing Law in Wales: The Basics

Since 23 November 2015, most landlords in Wales must be licensed under the 'Rent Smart Wales' scheme. This is part of the Housing (Wales) Act 2014, designed to protect renters and improve rental standards.¹

All landlords who let out residential property must:

• Register themselves and their rental properties with Rent Smart Wales.
• Have a licence (or use a licensed agent) if they undertake property management activities.

Letting or managing rental property without the proper licence is against the law and can lead to penalties.

What Counts as 'Letting' and 'Managing'?

Letting activities include marketing the property, negotiating tenancies, or preparing tenancy agreements. Management activities include collecting rent, arranging repairs, and handling complaints. If your landlord does any of these tasks, they must be licensed or use a licensed agent.

How Rent Smart Wales Licensing Works

The licensing process ensures landlords and agents understand their legal obligations and responsibilities. Landlords must complete approved training before receiving a licence.

• Rent Smart Wales is the official body responsible for landlord and agent registration, licensing, and enforcement.

If a landlord does not handle the day-to-day management, they can use a licensed letting agent. Either the landlord, the agent, or both must hold a valid licence.

What Does This Mean for You as a Renter?

If your landlord is unlicensed, it could affect your tenancy, including your right to receive certain notices or your landlord's ability to evict you through the courts. It’s also a warning sign about landlord responsibility.

Your landlord must tell you their licence number and registered address if you ask. Always check your landlord or agent’s status with the Rent Smart Wales public register.

Official Forms and What to Do if Your Landlord Is Not Licensed

If you suspect your landlord isn’t licensed, you have options to protect yourself and report concerns.

• Report an Unlicensed Landlord: Report a Concern Form (no formal number) – use this if you think your landlord is operating without the correct registration or licence. Rent Smart Wales will investigate and may take enforcement action.
• Rent Repayment Orders: If you have paid rent to an unlicensed landlord, you may be able to claim back rent via a Rent Repayment Order through the Residential Property Tribunal Wales (the official tribunal handling disputes for renters and landlords in Wales).

Example: If your landlord has never mentioned licensing or you cannot find them on the public register, you can submit a 'Report a Concern' form to Rent Smart Wales or seek advice from local authorities.

Relevant Tenancy Legislation for Wales

• Housing (Wales) Act 2014 – Sets out the requirements for landlord registration and licensing.
• Renting Homes (Wales) Act 2016 – Modernises tenancy law in Wales, affecting all renters since December 2022.

A solid understanding of these acts will help you know your rights and what you can expect from your landlord.

FAQs: Landlord Licensing in Wales

1. Do all landlords in Wales need to be licensed?
   Yes, most landlords in Wales must be registered and, if managing properties, licensed under the Rent Smart Wales scheme. There are limited exceptions, such as some family arrangements or resident landlords.
2. How can I check if my landlord is licensed?
   You can check your landlord or letting agent’s registration and licence status using the publicly searchable register on the Rent Smart Wales website.
3. What should I do if my landlord isn't licensed?
   You can report unlicensed landlords or agents to Rent Smart Wales using the Report a Concern form on their website. If you've paid rent to an unlicensed landlord, you might be eligible for a rent repayment order via the Residential Property Tribunal Wales.
4. Can I be evicted by an unlicensed landlord?
   If your landlord isn't licensed, eviction notices may not be valid, and the courts could refuse to grant an eviction order. Always seek legal advice or check with your local council.
5. Where can I get support if I have issues with an unlicensed landlord?
   Rent Smart Wales provides support and advice. Your local council and Shelter Cymru can also assist if you face harassment or eviction threats due to this issue.

Conclusion: Key Things to Remember

• Most landlords in Wales must be registered and licensed by law under the Rent Smart Wales scheme.
• You can easily check the status of your landlord or agent online and report any concerns.
• If your landlord isn't licensed, you have the right to report them and may be protected from eviction or be able to reclaim rent paid.

Knowing your rights around landlord licensing helps keep you and your home safe.

Need Help? Resources for Renters

• Rent Smart Wales – Official Welsh Government landlord/agent register, report forms, and guidance for renters.
• Residential Property Tribunal Wales – Handles disputes, rent repayment orders, and appeals under Welsh law.
• Shelter Cymru – Independent advice and support for renters in Wales.
• Your local council’s Housing Department – Practical advice and help with enforcement.

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1. Housing (Wales) Act 2014
2. Renting Homes (Wales) Act 2016

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