Westminster Policy News & Legislative Analysis

Wales updates model contracts to prohibit 'No DSS' and child bans

On 10 February 2026, Senedd Cymru approved regulations to update Wales’s model written statements of occupation contract so they reflect new anti‑discrimination provisions in the Renters’ Rights Act 2025. The Cabinet Secretary confirmed commencement on 1 June 2026 to align with the Wales commencement order, giving landlords and agents time to update documentation. (record.senedd.wales)

The 2025 Act inserts Chapter 6A into the Renting Homes (Wales) Act 2016: section 54A establishes a contract‑holder’s right to have children live at or visit the dwelling, and section 54B prevents a landlord from prohibiting a contract‑holder from being a “benefits claimant” as defined in the 2019 Act. Both operate as fundamental terms and landlords may not interfere with them unless doing so is a proportionate means of achieving a legitimate aim. (bills.parliament.uk)

The 2026 Regulations update the model written statements used for secure contracts, periodic standard contracts and fixed‑term standard contracts of under seven years so that these rights appear in Part 3 of each template. In practice this makes clear, on the face of the model documents, that blanket exclusions for families with children or people in receipt of benefits are not permitted. (record.assembly.wales)

Supported accommodation is treated differently. Section 54A (children living at or visiting) is not a fundamental provision for supported standard contracts, allowing providers to apply proportionate, legitimate restrictions where justified by the nature of the support setting. Section 54B (right to claim benefits) is unaffected. (record.assembly.wales)

Under the 2016 Act, fundamental terms set out core rights and obligations and are automatically incorporated into occupation contracts; they cannot generally be omitted or modified unless doing so improves the contract‑holder’s position. Model written statements issued by Welsh Ministers bring these fundamental and supplementary terms together for each contract type. (law.gov.wales)

Because sections 54A and 54B are framed as fundamental provisions, any additional terms or policies that attempt to exclude children or benefits claimants will have no effect in most contracts. Landlords and agents should ensure referencing processes and tenancy decision‑making do not restrict these rights except where the law permits proportionate, legitimate exceptions. (publications.parliament.uk)

Operational duties remain unchanged. For new contracts, a written statement must be issued within 14 days of the occupation date; failure to provide a correct written statement can attract compensation of up to two months’ rent. These duties sit alongside the June changes to the model terms. (gov.wales)

In introducing the regulations, the Cabinet Secretary indicated landlords should update their documents and notify contract‑holders of the changes ahead of commencement. Organisations with multiple templates should schedule revisions, staff training and a check of advertising and pre‑tenancy scripts to remove any ‘No children’ or ‘No DSS’ wording. (record.senedd.wales)

For supported providers, the carve‑out on section 54A does not create a blanket exemption. Any restriction affecting children must still be capable of objective justification and be demonstrably proportionate to a legitimate aim in the specific setting. Providers should document their justification and keep it under review. (bills.parliament.uk)

Current model written statements and guidance remain available on GOV.WALES; the 2026 Regulations ensure that, from 1 June, those templates incorporate the new fundamental terms on children and benefits status. Practitioners should monitor the Welsh Government page for any updated forms. (gov.wales)