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

The Renters’ Rights Act 2025  (“RRA”), which received Royal Assent on the 27 October 2025, includes provisions which prevent a landlord discriminating against a contract-holder. Once these provisions are commenced on 1 June 2026, two new fundamental provisions are added to the Renting Homes (Wales) Act 2016 (“RHA”) as sections 54A and 54B. These new fundamental provisions will have the effect of preventing a landlord 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.

New section 54A of the RHA (Right for children to live at or visit 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 new fundamental term prohibits landlords from discriminatory bans and restrictions in relation to children living in or visiting a dwelling which is subject to an occupation contract.

A landlord must not interfere with or restrict the contract-holder’s use of the dwelling in this way unless such an interference or prohibition is a proportionate means of achieving a legitimate aim. It will be a matter for the landlord and ultimately a court to decide whether such a legitimate aim exists. Such a legitimate aim could be that the dwelling would be subject to overcrowding if occupied by one or more children depending on the age of the children. 

This fundamental term will apply to secure, fixed term standard and periodic standard contracts (except for supported standard occupation contracts) except where the landlord or a superior landlord is insured under an existing contract of insurance to which section 8H of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 does not apply and which 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. 

This exception recognises that at the time of this new fundamental provision and fundamental term coming into force, an existing contract of insurance may be in place, and that existing contract of insurance may include restrictions in relation to children living or visiting the dwelling concerned. For the duration of the term of that existing restrictive contract of insurance, the exception is available to the landlord. 

On the expiry of the term of the existing restrictive contract of insurance the exception will no longer apply. Should the subsequent contract of insurance include restrictions in relation to children living or visiting the dwelling concerned then section 8H of the Renting Homes (Fees, Discrimination etc) (Wales) Act 2019 will apply meaning that any such term of an insurance policy will have no effect upon the contract-holder. 

* Landlords under a supported standard occupation contract will not be required to incorporate this new fundamental provision as a fundamental term. Such accommodation is unlikely to be suitable for children and would present an unnecessary administrative burden for such landlords in having to justify the legitimate aims of the occupation. However, removing this as an automatic term does not prevent landlords allowing children to continue occupying any supported accommodation which they may currently do, or allowing occupation in appropriate settings in the future.

New 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 new fundamental term prohibits landlords from discriminatory bans and restrictions in relation to a contract-holder’s claim of a welfare benefit. 

This fundamental term will apply to all occupation contracts except where the landlord or a superior landlord is insured under an existing contract of insurance to which section 8H of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 does not apply and which contains a term which makes provision (however expressed) requiring the insured to prohibit the contract-holder from claiming such payments. 

This exception recognises that at the time of this new fundamental provision and fundamental term coming into force, an existing contract of insurance may be in place, and that existing contract of insurance may include restrictions in relation to a contract-holder claiming a welfare benefit. For the duration of the term of that existing restrictive contract of insurance, the exception is available to the landlord. On the expiry of the term of the existing restrictive contract of insurance the exception will no longer apply. Should the subsequent contract of insurance include restrictions in relation to a contract-holder claiming a welfare benefit then section 8H of the Renting Homes (Fees, Discrimination etc) (Wales) Act 2019 will apply meaning that any such term of an insurance policy will have no effect upon the contract-holder. 

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.

Therefore, a landlord may choose to update the existing  written statement of the occupation contract to incorporate the new fundamental terms and give this to the contract-holder, or  a landlord may choose to  give a written statement of  these new terms to their contract-holder (making clear  where these new terms are to sit within the existing written statement). Whichever option a landlord decides upon, a written statement must be given to the contract-holder no later than 14 June 2026. An example written statement of variation (based on the landlord’s use of the model written statement) is provided at Annex A. 

Those landlords who rely upon  the Model Written Statements of occupation contracts provided by the Welsh Government can see the updated versions , containing these new fundamental terms, here: Renting homes: model written statements 

Landlords are reminded that any supplementary term or additional term of an occupation contract will be of no effect if it is incompatible with these new fundamental terms. For example: where term 10 of the model periodic standard contract has been varied to exclude children or those in receipt of benefits, unless such a variation reflects a legitimate aim or reflects the current terms of a relevant insurance contract (as defined above), it will have no effect on the contract-holder.

Occupation contract relating to: 

The Renting Homes (Wales) Act 2016 has been amended to include two new fundamental provisions at sections 54A and 54B. These new fundamental provisions form two new fundamental terms in our periodic standard occupation contract with effect from 1 June 2026. This means that the Written Statement of the contract referred to above must be read together with this written statement, to the effect that the following new fundamental terms are inserted following term 14: 

“Prohibition of discrimination against people with children and benefits claimants 

Right for children to live at or visit dwelling (F+) 

14A (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. 

Right to claim benefits (F+) 

14B 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.