Tenant could claim back rent from unlicensed landlord

A landlord who failed to properly manage a home he rented out has become the first landlord prosecuted under a council’s selective licensing regime. 

Carmarthenshire council introduced selective licensing in the ward of Tyisha in 2014, but landlord Brett Richard Taylor failed to apply.

He has now pleaded guilty to an offence contrary to Section 95 of the Housing Act 2004, in that he failed to correctly licence his premises. He was fined £290 with further costs totalling £433.

The council now claims that his tenant may now be able to claim back all the rental payments made during the period the property was unlicensed.

The council says Taylor is now not classified as a ‘fit and proper person’ to manage any properties he owns in Tyisha and must nominate someone else to manage them, and apply to be the licence holder, on his behalf.

Furthermore, when the Welsh Government launches its Rent Smart Wales Scheme later this month - a scheme which makes it mandatory for all landlords and agents in Wales to register and licence their properties - Taylor will not be able to apply and he will not  be  allowed to manage any properties he owns, anywhere in Wales.

“If you rent out a poorly managed, substandard, property and leave your tenants at risk, we will catch up with you” a council spokeswoman says.