The Renters’ Rights Act, rental discrimination and implementation in Wales

Regulations have now been passed, confirming that the provisions of the Renters’ Rights Act 2025 (‘the Act’), relating to protection against rental discrimination, will be implemented in Wales from 1 June 2026. 

Although most of the Act applies only in England, the sections prohibiting discrimination against prospective and existing contract-holders on the basis of children or receipt of means-tested benefits will have equivalent effect in Wales. In England, the provisions will take effect a month earlier on 1 May 2026 when the Act comes into force. In Wales, implementation is scheduled for 1 June 2026.

What Conduct Will Be Prohibited?

From 1 June 2026, Welsh landlords will be prohibited from discriminating against prospective or existing contract-holders on the basis that:

• they have a child who lives with them, may live with them, or visits them; or
• they are in receipt of means-tested state benefits.

In relation to discrimination on the basis of children, there is a defence if the landlord can prove the prohibited conduct was a legitimate means of achieving a proportionate aim.

As the government have suggested in their guidance, landlords will continue to have the final say on who they let their property to and can carry out referencing checks to make sure tenancies are sustainable for all parties. Landlords will be able to do this based on affordability. However, landlords will not be able to do this on the basis the prospective contract-holder has children or is in receipt of benefits. 

The offences are punishable on summary conviction by fines.  

Implementation in Wales 

The legislative route is not entirely straightforward. Section 44 of the Act will introduce a range of new criminal offences which will aim is to prevent rental discrimination in Wales. 

• The Renting Homes (Fees etc.) (Wales) Act 2019 will be amended by the insertion of new sections (sections 8A–8J).
• In addition, the Renting Homes (Wales) Act 2016 will be amended to introduce new fundamental terms into occupation contracts. Sections 54A and 54B will become new sections of the Renting Homes (Wales) Act 2016, incorporating the anti-discrimination provisions directly into all occupation contracts.
• There are limited circumstances whereby the anti-discrimination provisions will not apply to an occupation contract, such as if the occupation contract is a supported occupation contract, amongst others (See sections 54A(3)(a)-(b) and 54B(2)(a) – (b))

Practical Implications

Whilst the Welsh Government is amending the Model Written Statement of Contracts, many landlords who use their own version of the model written statements will need to ensure compliance with the new provisions and drafting, especially considering the potential of criminal consequences of any offence. 

We are available to support Welsh registered providers with reviewing their occupation contracts, advising on the new regulations and ensuring compliance with the same. Please contact Matt Chapman or Sarah Orchard if you need help with any of your Renters’ Rights Act readiness preparations.

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