Tara Goodwin
Principal Associate
Article
4
Landlords and letting agents operating in Wales should be aware that, from 1 June 2026, certain provisions of the Renters' Rights Act 2025 (RRA) came into force, introducing new anti-discrimination protections for contract-holders under the Renting Homes (Wales) Act 2016 (RHA).
Although the headline reforms of the RRA, including the abolition of assured shorthold tenancies, the end of "no fault" evictions and the overhaul of possession grounds, apply only to England, these provisions apply in Wales and represent an important development for anyone letting residential property there.
Below, we set out what has changed after 1 June 2026, and next steps for landlords and letting agents in Wales.
The RRA inserts two new fundamental provisions into the RHA which operate in distinct ways.
First, they make it an offence for landlords and letting agents to discriminate against prospective contract-holders who have children or who receive welfare benefits. This targets blanket policies such as "no children", "no DSS" and "no benefits" which have long been a feature of parts of the Welsh private rented sector.
Second, they introduce new terms that apply to most occupation contracts, subject to specified exceptions. These new terms prohibit landlords from restricting a contract-holder's ability to have children live in or visit the dwelling, and from prohibiting a contract-holder from claiming welfare benefits.
Contract-holders may permit a person under 18 to live in or visit the dwelling, and the landlord must not interfere with or restrict the exercise of that right unless the interference or restriction is a proportionate means of achieving a legitimate aim. An example of a legitimate aim might be where occupation by children would cause the dwelling to become overcrowded. This provision applies to all occupation contracts except supported standard occupation contracts, where the nature of the accommodation (such as drug or alcohol rehabilitation facilities) may make it unsuitable for children.
An important exception to this right for children to live at or visit is in relation to supported standard occupation contracts. Providers of supported accommodation are not required to incorporate it because they are already deemed to permit children to live or visit their properties.
Landlords are prohibited from preventing contract-holders from being benefits claimants within the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019. This applies to all occupation contracts including supported standard occupation contracts.
Both new terms are subject to an exception where the landlord or a superior landlord is covered by an existing contract of insurance which pre-dates 1 June 2026 and which requires the insured to impose restrictions on children living in or visiting the property, or on the contract-holder claiming benefits. In those circumstances, the new terms will not apply until that existing insurance product comes to an end. Any new insurance contract entered into or extended on or after the commencement date cannot include such restrictive terms.
Landlords of existing occupation contracts to which the new terms apply must take action promptly.
By 14 June 2026, they must provide their contract-holders with either an updated written statement of the occupation contract reflecting the new terms, or a separate written statement setting out the terms as varied.
For new occupation contracts entered into from 1 June 2026 onwards, the new terms should be incorporated into the written statement from the outset.
Where a landlord fails to provide the required written statement within the specified timeframe, the contract-holder may be entitled to compensation calculated at one day's rent for each day the landlord is in breach, up to a maximum of two months' rent, and potentially more if the failure is deemed deliberate.
These changes are a timely reminder that residential property law in England and Wales is becoming increasingly different. The Renting Homes (Wales) Act 2016 already established a fundamentally distinct framework for the residential rented sector in Wales, replacing the concepts of tenancies and licences with "occupation contracts" and introducing its own regime for written statements, possession grounds and contract-holder protections.
Only the anti-discrimination provisions discussed above cross the border. The principal provisions of the RRA came into force in England on 1 May 2026, one month before the Welsh anti-discrimination provisions took effect.
For landlords and investors with portfolios spanning both jurisdictions, this increasingly fragmented landscape creates real operational challenges. Compliance processes, tenancy documentation and management practices will differ depending on which side of the border a property sits. Staying on top of both regimes is now essential.
Landlords and letting agents in Wales should review their current occupation contracts and ensure they have either updated their written statements or served a notice of variation on their contract-holders by 14 June 2026.
Those relying on an existing insurance policy exception should diarise the expiry date of that policy and be prepared to issue the requisite written statement within 14 days of its expiry.
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