UKI've found out my landlord didn't have planning permission for my flat.
If your landlord didn’t have planning permission for your flat, the tenancy may still be legally valid, but the property could be subject to enforcement action by the local council — and in some cases, you may be entitled to rent repayment or compensation.
What the Law Says
The Housing Act 1988 does not make a tenancy automatically void just because the property lacks planning permission — but section 19A creates a specific rent repayment regime where certain unlawful lettings are involved.
Section 19A of the Housing Act 1988 (as inserted by the Deregulation Act 2015) allows tenants to apply to a First-tier Tribunal for repayment of rent where the landlord has committed a 'relevant housing offence'. One such offence is letting a property that requires planning permission but does not have it — for example, an HMO (House in Multiple Occupation) or a flat created without lawful consent.
This applies only if the offence occurred during the tenancy and the tenant was not aware of it at the start. The tribunal can order repayment of up to 12 months’ rent — capped at £30,000 — but the application must be made within 12 months of the offence ending (e.g., when the tenancy ends or the breach is remedied).
Importantly, the lack of planning permission does not usually invalidate your tenancy agreement itself — so you remain a lawful occupier with full rights (e.g., protection from eviction), unless the council issues an enforcement notice requiring cessation of use.
Statutory TextA tenant may make an application to a First-tier Tribunal for an order requiring the landlord to repay to the tenant an amount of money representing all or part of the rent paid by the tenant under the tenancy.
— Housing Act 1988, s. 19A — Rent repayment orders
What to Do
Contact your local council’s planning enforcement team to report the suspected breach — they will investigate and decide whether enforcement action is needed.
Check whether your property is an HMO or was converted without consent — look for planning application records on your council’s website.
If the council confirms a breach and you’ve paid rent during the unlawful period, apply to the First-tier Tribunal for a rent repayment order within 6 months of the tenancy ending or the breach ceasing.
Keep copies of all rent receipts, tenancy agreements, and correspondence with the landlord or council.
Seek advice from Shelter, Citizens Advice, or a housing solicitor — especially if the council threatens closure or eviction.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.