The Renters’ Rights Act in Wales: What happens next

The Renters’ Rights Act received Royal Assent this week, marking the most significant change to the private rented sector in England in decades; however, elements of the Act also apply to Welsh landlords. 

The Act will change how landlords in England operate, abolishes fixed term tenancies, ends the Section 21 or ‘no fault’ route to possession, and introduces new rules around in-tenancy rent increases. 

Housing is a devolved issue, meaning the Welsh Government has the authority to create its own laws and housing policy, most of which is covered by the Renting Homes (Wales) Act, introduced in 2022.

It has, however, decided to work with Westminster to adopt some elements of the Renters’ Rights Act, rather than introducing its own legislation in the areas in question using its devolved powers.

What changes do I need to know about?

The part of the Act that applies to Wales relates to non-discrimination in the private rented sector.

This means it will be unlawful for landlords or letting agents to discriminate against prospective tenants who receive benefits or who have children. 

This means landlords must not: 

• Deter these households from enquiring about a property. 

• Refuse or restrict their access to viewings or property information. 

• Exclude them from entering into a tenancy. 

Landlords will, however, be able to consider applicants’ individual circumstances to determine whether a property is suitable, for example landlord may decline to rent a single room in a House in Multiple Occupation (HMO) to a family if the accommodation is clearly unsuitable for family living. 

What do I need to do – and when? 

The Welsh Government will determine when this provision comes into force, otherwise known as the commencement date.

Landlords will then need to amend the fundamental terms of their occupation contracts and prepare to issue tenants with updated written statements or statements of variation within 14 days of commencement.

The specific wording to be used will be determined by the Welsh Government, but has not yet been confirmed.

What’s next? 

The NRLA will keep you updated on any forthcoming changes so make sure you are signed up to receive our enewsletters and follow us on social media.