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As previously reported, part of the Renters' Rights Act 2025 applies in Wales from 1 June 2026. The change affects landlords and agents letting under occupation contracts in Wales.
The relevant provisions are brought into force by the Renters' Rights Act 2025 (Commencement) (Wales) Order 2026. In broad terms, they are aimed at blanket policies such as "no children", "no DSS" or "no benefits".
This does not mean landlords must accept every applicant. It does mean landlords and agents should not make decisions just because someone has children, may have children living with or visiting them, or receives benefits. Decisions should be made on the individual circumstances of the applicant and the property.
Section 44 of the Renters' Rights Act 2025 amends the Renting Homes (Fees etc.) (Wales) Act 2019 and creates offences relating to discriminatory restrictions in Wales.
The restrictions cover advertising, letting processes and other conduct which would prevent or discourage a person from taking an occupation contract because:
Section 46 of the Renters' Rights Act 2025 also amends the Renting Homes (Wales) Act 2016 by inserting new sections 54A and 54B. These become fundamental terms of occupation contracts.
In simple terms, the new fundamental terms give contract-holders rights relating to children living at or visiting the dwelling and prevent a landlord from prohibiting a contract-holder from being a benefits claimant, subject to the wording and exceptions in the legislation.
The Guild has updated the Wales occupation contract in Tenancy Builder to include the new terms from 27 May 2026.
Landlords can use the updated contract for new occupation contracts at any time.
For new Welsh occupation contracts, members should now use the updated Tenancy Builder version rather than an older saved draft.
For existing occupation contracts, the Guild has prepared a variation statement form.
Members should use the Wales discrimination variation statement and provide it to all contract holders.
This is intended to update existing contract paperwork so that the new fundamental terms are properly reflected. Keep evidence of when and how the variation statement was provided, whether by email, post, hand delivery, or another permitted route.
Guild subscribers can use the Email Campaign feature to bulk send the variation statement.
The variation statement should be sent between 1 and 14 June, regardless of whether the new term is included in the occupation contract if the contract exists on 1 June.
Landlords and agents should also check property adverts, website wording, application forms, viewing scripts and standard email replies.
Avoid wording such as:
Affordability checks are still allowed. Landlords may still consider whether the applicant can afford the rent and may still ask for evidence of income. Benefits income should be treated as income and considered as part of the applicant's overall affordability.
The decision should be individual, not category-based. A landlord can refuse an applicant who cannot afford the rent after a proper assessment. A landlord should not refuse simply because the applicant receives benefits or has children.
Landlords and agents with Welsh properties should:
Landlords can still assess suitability and affordability, but not by excluding entire groups before considering the individual facts.