The Renters’ Rights Act 2025 – it applies in Wales?!

With the passing of the Renters’ Rights Act 2025 (“RRA 2025”), social and private landlords may feel comforted by the fact that the RRA 2025 brings changes solely to housing in England rather than to Wales or place any additional obligations over and above the Renting Homes (Wales) Act 2016.

However, think again!

The RRA 2025 will make it unlawful, subject to certain exceptions, for landlords to discriminate against prospective tenants who have children living with or visiting them, or who receive welfare benefits.

The RRA 2025 will apply similar discrimination provisions to Wales!

It also gives powers to Welsh Ministers to specify and prohibit other discriminatory rental practices.

See:

• The Renters’ Rights Act 2025 (Commencement) (Wales) Order 2026; and

• The Renting Homes (Model Written Statements of Contract) (Wales) (Amendments etc.) Regulations 2026.

The new fundamental terms

Once these provisions are commenced on 1 June 2026, two new fundamental provisions are added to the Renting Homes (Wales) Act 2016 (“RHA”): sections 54A and 54B.

These new fundamental provisions will have the effect of preventing a landlord in Wales from discriminating against a contract-holder who has children or who is in receipt of welfare benefits. These fundamental provisions will be new fundamental terms of most secure, fixed term standard and periodic standard occupation contracts. See:

Section 54A (Right for children to live at or visit the dwelling) provides the following new fundamental term to be included in most secure, fixed term standard and periodic standard occupation contracts: 

“1) Subject to paragraph (2) of this term, you may permit a person who has not reached the age of 18 to live in or visit the dwelling.

2) The landlord must not interfere with or restrict the exercise of your right under paragraph (1) of this term, unless the interference or restriction is a proportionate means of achieving a legitimate aim.”

This term applies to secure, fixed term standard and periodic standard contracts (except supported standard occupation contracts), unless the landlord or superior landlord is covered by an existing insurance policy outside section 8H of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 that requires the landlord to:

a) prohibit a contract-holder from having a child live with or visit them at the dwelling, or 

b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling subject to the occupation contract. 

Section 54B (Right to claim benefits) provides the following new fundamental term to be included into secure, fixed term standard and periodic standard occupation contracts: 

“The landlord must not prohibit you from being a benefits claimant within the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019”.

This term applies to all occupation contracts, except where the landlord or superior landlord is covered by an existing insurance contract outside section 8H of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 that requires the insured to bar the contract-holder from claiming those payments.

What do all social and private landlords need to consider?

New Occupation Contracts

Where the new fundamental terms apply, include them within the Written Statement of the Occupation Contract.

See Renting Homes (Miscellaneous Amendments) (Wales) Regulations 2026: guidance for landlords for guidance.

After 1 June 2026, the Welsh Government will update its Model Written Statements.

Existing Occupation Contracts

Where the new fundamental terms apply to an existing Occupation Contract the landlord must give their contract-holder either: 

• a written statement of the term or terms varied, or
• a written statement of the occupation contract as varied,

before the period of 14 days commencing on the date of the variation.

Landlords can either issue an updated written statement that includes the new fundamental terms, or provide a separate written statement setting out those terms and where they fit within the existing contract.

Whichever option a landlord decides upon, a written statement must be given to the contract-holder no later than 14 June 2026.

See Renting Homes (Miscellaneous Amendments) (Wales) Regulations 2026: guidance for landlords for guidance on how to incorporate the new fundamental terms.

Conclusions

Landlord will need to ensure that they act accordingly, particularly with existing Occupation Contracts as compliance is required by 14 June 2026.

The consequence of failing to act upon the new fundamental terms in the way set out by the Welsh Government could mean the landlord being open to compensation claims for incomplete/incorrect Written Statements.

Dominic Evans is a barrister at Civitas Chambers.