Evidence Needed for Rent Repayment Orders in Wales

If you're a renter in Wales and believe you may be entitled to claim back rent from your landlord, it's important to understand exactly what evidence you need and how to proceed. The process of claiming rent back—often through a Rent Repayment Order—can help compensate you if your landlord has committed certain housing offences. This article will walk you through the evidence requirements, official forms, and steps you need to take under current Welsh law.

What is a Rent Repayment Order?

A Rent Repayment Order (RRO) is a legal mechanism which allows renters in Wales to claim back up to 12 months’ rent if their landlord has committed specific housing offences. Common offences include renting out an unlicensed property or unlawful eviction. RROs are decided by the Residential Property Tribunal for Wales.

The main basis for a successful claim is evidence—you'll need to show the tribunal what happened, and why you believe you’re entitled to a refund.

What Evidence Do You Need?

The type and strength of evidence are critical when you apply for an RRO in Wales. While you don’t have to be a legal expert, gathering clear and organised documentation will support your claim. The tribunal will carefully assess the evidence provided by both you and your landlord before making a decision.

Typical Evidence to Support Your Claim

• Your tenancy agreement: Shows the rent and terms you agreed to.
• Proof of rent payments: Bank statements, rent receipts, or payment confirmations.
• Communication records: Emails, letters, texts with your landlord.
• Evidence of the landlord’s offence: For example, proof the property was not licensed when required, or details of any unlawful eviction or harassment.
• Witness statements: If applicable, written statements from neighbours or other tenants may help.
• Official letters: Correspondence from the local council about licensing, improvement notices, or prosecutions.

It’s helpful to create a folder (digital or paper) with all your supporting documents ready before you start your application.

When Is Evidence Required?

You will need to provide evidence when you submit your application to the tribunal and again at your hearing if your case proceeds. The more thorough your evidence, the more likely your application will be successful. The tribunal will expect to see proof not only that you paid rent, but that your landlord committed an offence as specified under the Housing (Wales) Act 2014 or other applicable Welsh housing law¹.

How to Apply for a Rent Repayment Order

To start a claim, you need to apply to the Residential Property Tribunal for Wales. The main form for this purpose is:

• RPT1 - Application for Rent Repayment Order
  Download the RPT1 form (PDF)
  RPT1 is used when you believe your landlord has committed a relevant housing offence and you want the tribunal to order them to repay rent to you. For example, if you discover your landlord did not have the required licence from Rent Smart Wales while you were paying rent, you can use this form to start your claim.

Fill out the form, attach your evidence, and submit it to the tribunal. It’s crucial to carefully follow the instructions and include all supporting evidence—incomplete forms or missing information may delay your case.

Key Welsh Legislation for Rent Repayment Orders

• Housing (Wales) Act 2014 (especially Part 1: Licensing of landlords)
• Housing Act 2004 (relevant to HMO and property conditions)

These laws set out the duties landlords must follow and outline the circumstances where tenants can claim rent back.

What Happens After You Apply?

Once your application is submitted, the tribunal will review your evidence and ask your landlord to respond. There may be a hearing where both sides can present further information. The tribunal’s decision is based on the documents, evidence, and any representations made during the process.

FAQ: Rent Repayment Orders and Evidence in Wales

1. What types of landlord offences qualify for a Rent Repayment Order in Wales?
   Offences include renting out a property without the required Rent Smart Wales licence, using unlawful eviction or harassment tactics, failing to comply with improvement notices, or breaching house in multiple occupation (HMO) regulations.
2. Do I have to attend a hearing to claim rent back?
   Not always. Some cases are decided on paper evidence alone, but you may be invited to a hearing to explain your situation or clarify details.
3. How much rent can I claim back?
   The tribunal can order repayment of up to 12 months' rent paid during the period the offence took place.
4. Can I get help submitting my Rent Repayment Order application?
   Yes, local councils and advice services like Shelter Cymru can provide guidance. The Residential Property Tribunal Wales also has guidance notes and contacts.
5. What if I don’t have written evidence but have other proof?
   Other types of proof (like witness statements or official council notices) may help, but written documents like contracts and payment receipts make your case stronger.

Need Help? Resources for Renters in Wales

• Residential Property Tribunal Wales – For applications, forms, and guidance.
• Rent Smart Wales – Check if a landlord or property is licensed.
• Shelter Cymru – Free advice and support for Welsh renters.
• GOV.UK: Private renting rights and responsibilities

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1. See Housing (Wales) Act 2014, Part 1, for landlord licensing and RRO eligibility in Wales.

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