Westminster Policy News & Legislative Analysis

Wales to commence renters’ discrimination ban on 1 June 2026

On 16 January 2026 the Welsh Ministers made a Commencement Order that brings Chapter 4 of Part 1 of the Renters’ Rights Act 2025 into force in Wales on 1 June 2026. The Order activates sections 43 to 49, using the power in section 145(3) of the Act to appoint a day for commencement in Wales. (legislation.gov.uk)

From 1 June, it becomes an offence under the amended Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 for a landlord or anyone acting on a landlord’s behalf to refuse enquiries, viewings, access to information or the grant, renewal or continuance of an occupation contract because a child would or might live with or visit the household, or because the person is or may be a benefits claimant. The law also outlaws practices that make such applicants less likely to obtain a contract unless this is justified as a proportionate means of achieving a legitimate aim. (legislation.gov.uk)

Parallel amendments to the Renting Homes (Wales) Act 2016 insert a new Chapter 6A, creating fundamental terms in all occupation contracts: a right for children to live at or visit the dwelling and a prohibition on landlords preventing a contract‑holder from being a benefits claimant. Interference is only permitted where it is a proportionate means of achieving a legitimate aim, with a limited insurance carve‑out specified in the statute. (legislation.gov.uk)

The 2019 Act is formally retitled the ‘Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019’, reflecting its expanded scope. Enforcement powers in that Act, including evidence‑gathering notices, are extended to the new discrimination offences so authorities can require documents from landlords, contract‑holders and other ‘relevant persons’ in discrimination investigations. (legislation.gov.uk)

The framework distinguishes affordability checks from discrimination. The Act confirms there is no prohibition on considering income when assessing whether rent is affordable, while defining key terms including ‘benefits claimant’, ‘relevant person’ and ‘occupation contract’-the latter following the Renting Homes system unique to Wales. (legislation.gov.uk)

Welsh Ministers gain a regulation‑making power to prohibit other discriminatory rental practices in the future where evidence shows certain groups are significantly disadvantaged. The Secretary of State may also legislate to cover matters beyond Senedd competence, ensuring coherence where reserved areas are engaged. Any Welsh regulations must fall within Senedd Cymru’s legislative competence. (legislation.gov.uk)

For landlords and letting agents, practical steps now include removing ‘No children’ and ‘No DSS’ wording from advertisements, updating pre‑tenancy criteria so benefit income is treated on an equal footing with employment income, revising template occupation contracts to incorporate the new fundamental terms, and training staff. Where a restriction is relied upon, contemporaneous records should explain why it was a proportionate means of achieving a legitimate aim.

Advisers and compliance teams should note the timetable differs from England. UK government guidance confirms the equivalent restrictions for assured and regulated tenancies in England apply from 1 May 2026, whereas Wales applies them to occupation contracts from 1 June 2026. Cross‑border landlords will need to manage both dates and the different tenancy systems. (gov.uk)

Jayne Bryant serves as the Cabinet Secretary for Housing and Local Government. The Welsh Order implements the Wales‑only chapter of the Act through the existing Renting Homes framework, aligning the criminal and contractual routes against discriminatory bans with terminology already used in Welsh housing law. (gov.wales)