Wales confirms date for ban on no children and no benefits lettings

Landlords in Wales will be barred from discriminating against tenants with children or those who receive benefits from 1 June.

The Welsh government says that landlords will need to give tenants, or contract holders, a new occupation contract or a statement of variation.

The statement can be served up to 14 days after the new rules take effect, meaning landlords must act no later than 14 June.

The changes are being introduced under the Renters’ Rights Act and will make it unlawful to apply blanket exclusions at the point of enquiry, viewing or letting.

RRA in Wales

The National Association of Residential Landlords says: “While this primarily affects tenancies in England, elements of the Act also apply to Welsh landlords, namely the issue of non-discrimination in the private rented sector, making it unlawful to discriminate against prospective tenants who receive benefits or who have children.”

It adds that landlords in Wales 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.

The NRLA also stresses: “Landlords will, however, be able to consider applicants’ individual circumstances to determine whether a property is suitable, for example, a 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.”

Pre-tenancy offences

The Act’s non-discrimination provisions for Welsh landlords and includes new offences at the pre-tenancy stage.

The measures also add new fundamental terms into occupation contracts, giving contract holders the right to have children live in or visit the home and preventing landlords from banning tenants from claiming benefits.

Along with property suitability, landlords can still carry out affordability checks and safety considerations remain valid.

Income assessments can continue to take benefits into account.

The NRLA says it will update its Welsh occupation contract templates and provide a downloadable statement of variation ahead of the June deadline to help landlords comply with the new requirements.