Selective licensing rules mean some landlords must hold a licence for privately rented houses in certain areas. This guide explains what selective licensing can mean for tenants in Wales, including how to check whether a property should be licensed, what to do if your landlord does not hold a licence, key forms and timescales, and where to go for enforcement and tribunal help. It uses plain language for renters and covers practical steps you can take to protect your home, report problems and keep records that strengthen any complaint. If you are worried about rent increases, eviction or repairs, this page explains options relevant in Wales and how to start.
What selective licensing means
Selective licensing is a scheme local authorities use to require landlords of privately rented properties in specified areas to hold a licence. It aims to improve standards and address anti-social behaviour in parts of the private rented sector. Legally, tenants in Wales remain protected by statutes that include the Housing Act 1988 and the Rent Act 1977 for relevant tenancy matters, and local schemes are often made under powers in housing legislation and local authority regulations.
How it affects tenants in Wales
- Private rented homes in designated areas may need a licence and landlords must follow licence conditions.
- Houses in multiple occupation (HMOs) can also have extra rules or separate licences in some places.
- You should still pay rent unless a court or tribunal orders otherwise, but unlicensed landlords can face penalties.
Checking whether a property is licensed
Start by asking your landlord for the licence number and a copy of the licence. If you have not had a clear answer, you can check with Rent Smart Wales online for landlords and agents registered in Wales (Rent Smart Wales). You can also contact your local authority housing department to confirm whether the property is within a selective licensing area.
What to note when you check
- Licence number and expiry date (this shows the licence is current).
- Any specific licence conditions on repairs, management or safety you can reference.
If your landlord is unlicensed
If a landlord is operating without a required licence, a tenant has practical steps to protect their position and prompt enforcement by the local authority. Avoid direct confrontation but gather evidence and report the matter.
- Contact your local authority housing enforcement to report an unlicensed property and ask what information they need.
- Apply for a rent repayment order (RRO) to seek repayment of rent if the landlord has committed certain offences; applications are made to the First-tier Tribunal (Property Chamber).[2]
- Seek help from the First-tier Tribunal (Property Chamber) for disputes about possession or certain landlord breaches; the tribunal handles many tenancy disputes in England and Wales.
Forms tenants may need
- Section 21 notice (Form 6A) — if a landlord serves a no-fault possession notice, this is the prescribed form; tenants should check the form and dates carefully.[1]
- Rent Repayment Order application — used to apply to the tribunal for repayment where an offence applies, for example failing to licence where required.[2]
- Local authority reporting or Rent Smart Wales complaint forms — use the official contact or reporting forms to notify an authority about an unlicensed landlord.[4]
Enforcement, penalties and tribunals
Local authorities can issue penalties to landlords who fail to licence properties, and they can also prosecute in serious cases. Tenants can apply for rent repayment orders or bring certain claims to the First-tier Tribunal (Property Chamber). For possession, eviction or deposit disputes you may also see cases under the Housing Act 1988 and Rent Act 1977 in the tribunal or courts.
FAQ
- How do I know if my landlord needs a selective licence?
- Ask your landlord for the licence number and check with Rent Smart Wales or your local authority; if the property is in a designated area, the landlord must have a licence.
- Can I withhold rent if a property is unlicensed?
- No — do not withhold rent without legal advice; instead document problems, report the landlord and consider applying for a rent repayment order where eligible.
- Will reporting my landlord lead to eviction?
- Retaliatory eviction is prohibited; if you receive a notice or eviction attempt after reporting, seek advice promptly and keep records of your report and communications.
- Who handles licence enforcement and disputes?
- Local authority housing enforcement handles licences and penalties; the First-tier Tribunal (Property Chamber) handles many tenancy disputes and applications such as rent repayment orders.
How-To
- Check whether the property is licensed by asking the landlord for the licence number and searching Rent Smart Wales.
- Collect evidence: copies of the tenancy agreement, rent receipts, photographs, and any communication with the landlord.
- Report the unlicensed property to your local authority or via Rent Smart Wales reporting channels.
- Apply for a rent repayment order to the First-tier Tribunal if you are eligible and the offence applies.[2]
- Keep paying rent into a separate account if advised, and get independent advice before withholding payments.
Help and Support / Resources
- Rent Smart Wales - official landlord and agent registry
- GOV.UK guidance on selective licensing and other schemes
- First-tier Tribunal (Property Chamber) information
