Legislation – Renters’ Rights Act 2025

“(2A)

Part 2A makes it an offence for a landlord or person acting or purporting to act on a landlord’s behalf to discriminate in relation to occupation contracts against persons who would have children live with or visit them or who are benefits claimants, and makes other provision about discrimination of that kind.”

“Part 2AProhibition of discrimination

8AProhibition of discrimination relating to children

(1)

It is an offence for a relevant person, in relation to a dwelling that is to be the subject of an occupation contract—

(a)

on the basis that a child would or may live with or visit a person at the dwelling if the dwelling were the person’s home, to prevent the person from—

(i)

enquiring whether the dwelling is available for rent,

(ii)

accessing information about the dwelling,

(iii)

viewing the dwelling in order to consider whether to seek to rent it, or

(iv)

obtaining the grant, renewal or continuance of an occupation contract in respect of the dwelling, or

(b)

to apply a provision, criterion or practice in order to make people who would have a child live with or visit them at the dwelling less likely to obtain the grant, renewal or continuance of an occupation contract in respect of the dwelling than people who would not.

(2)

It is a defence for the relevant person to prove that the conduct is a proportionate means of achieving a legitimate aim.

(3)

It is a defence for the relevant person to prove that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance—

(a)

to which section 8H does not apply, and

(b)

which contains a term which requires the insured to prohibit a contract-holder from having a child live with or visit them at the dwelling or requires the landlord to restrict the circumstances in which a contract-holder may do so,

and the conduct is a means of preventing the insured from breaching that term.

(4)

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

8BProhibition of discrimination relating to benefits status

(1)

It is an offence for a relevant person, in relation to a dwelling that is to be the subject of an occupation contract—

(a)

on the basis that a person is or may be a benefits claimant, to prevent the person from—

(i)

enquiring whether the dwelling is available for rent,

(ii)

accessing information about the dwelling,

(iii)

viewing the dwelling in order to consider whether to seek to rent it, or

(iv)

obtaining the grant, renewal or continuance of an occupation contract in respect of the dwelling, or

(b)

to apply a provision, criterion or practice in order to make benefits claimants less likely to obtain the grant, renewal or continuance of an occupation contract in respect of the dwelling than people who are not benefits claimants.

(2)

It is a defence for the relevant person to prove that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance—

(a)

to which section 8H does not apply, and

(b)

which contains a term which requires the insured to prohibit a contract-holder of the dwelling from being a benefits claimant,

and the conduct is a means of preventing the insured from breaching that term.

(3)

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

8CException for publication of advertisements etc

Conduct does not constitute an offence under section 8A(1) or section 8B(1) if it consists only of—

(a)

one or more of the following things done by a person who does nothing in relation to the dwelling that is not mentioned in this paragraph—

(i)

publishing advertisements or disseminating information;

(ii)

providing a means by which a prospective landlord can communicate directly with a prospective contract-holder;

(iii)

providing a means by which a prospective contract-holder can communicate directly with a prospective landlord, or

(b)

things of a description, or things done by a person of a description, specified for the purposes of this section in regulations.

8DContinuing breach of prohibition after fixed penalty

(1)

A person commits an offence if—

(a)

a fixed penalty notice has been given to the person under section 13 for an offence under this Part in relation to a dwelling and has not been withdrawn, and

(b)

the conduct in respect of which the fixed penalty notice was given continues in relation to that dwelling after the end of the period of 28 days beginning with the date on which the notice under section 13 was given.

(2)

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

8ERepeated breach of prohibition after fixed penalty

(1)

A person commits an offence if—

(a)

a fixed penalty notice has been given to the person under section 13 for an offence under this Part and has not been withdrawn, and

(b)

the person commits another offence under the same section within the period of 5 years beginning with the date on which the notice under section 13 was given.

(2)

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

8FTerms in superior leases relating to children or benefits status

(1)

A term of a lease of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require a tenant under that or any inferior lease 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,

(but the lease continues, so far as practicable, to have effect in every other respect).

(2)

Subsection (1) does not apply if—

(a)

the requirement is a proportionate means of achieving a legitimate aim, or

(b)

the landlord under the lease or a superior landlord is insured under a contract of insurance—

(i)

to which section 8H does not apply, and

(ii)

which contains a term which makes provision (however expressed) requiring the insured to prohibit a contract-holder from having a child live with or visit them at the dwelling or to restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling,

and the requirement in the lease is a means of preventing the insured from breaching that term.

(3)

A term of a lease of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require a tenant under that or any inferior lease to prohibit a contract-holder from being a benefits claimant (but the lease continues, so far as practicable, to have effect in every other respect).

(4)

Subsection (3) does not apply if the landlord under the lease or a superior landlord is insured under a contract of insurance—

(a)

to which section 8H does not apply, and

(b)

which contains a term which makes provision (however expressed) requiring the insured to prohibit a contract-holder from being a benefits claimant,

and the requirement in the lease is a means of preventing the insured from breaching that term.

(5)

For the purposes of this section, the terms of a lease include—

(a)

the terms of any agreement relating to the lease, and

(b)

any document or communication from the landlord that gives or refuses consent for sub-letting under the lease to a category or description of person.

8GTerms in mortgages relating to children or benefits status

(1)

A term of a mortgage of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require the mortgagor 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,

(but the mortgage continues, so far as practicable, to have effect in every other respect).

(2)

A term of a mortgage of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require the mortgagor to prohibit a contract-holder from being a benefits claimant (but the mortgage continues, so far as practicable, to have effect in every other respect).

8HTerms in insurance contracts relating to children or benefits status

(1)

A term of a contract of insurance to which this section applies is not binding to the extent that (but for this section) it would require the insured to—

(a)

prohibit a contract-holder from having a child live with or visit them at the dwelling subject to an occupation contract, or

(b)

restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling subject to an occupation contract,

(but the insurance contract continues, so far as practicable, to have effect in every other respect).

(2)

A term of a contract of insurance to which this section applies is not binding to the extent that (but for this section) it would require the insured to prohibit a contract-holder of a dwelling that is subject to an occupation contract from being a benefits claimant (but the insurance contract continues, so far as practicable, to have effect in every other respect).

(3)

This section applies to contracts of insurance which were entered into or whose duration was extended on or after the day on which this section comes into force.

8INo prohibition on taking income into account

Nothing in this Part prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under an occupation contract.

8JInterpretation of Part 2A

(1)

In this Part—

“benefits claimant” (“ceisydd budd-daliadau”) means a person who—

(a)

is entitled to payments (including payments made directly to a landlord) under or by virtue of the Social Security Contributions and Benefits Act 1992 or the Welfare Reform Act 2012, or would be so entitled were the person to become a contract-holder under an occupation contract,

(b)

is entitled to payments (including payments made directly to a landlord) under or by virtue of the Jobseekers Act 1995, the State Pension Credit Act 2002, the Tax Credits Act 2002, the Welfare Reform Act 2007 or the Pensions Act 2014,

(c)

is in receipt of a reduction in the amount of council tax payable in respect of the person’s current home under a scheme made by a billing authority under or by virtue of section 13A of the Local Government Finance Act 1992, or

(d)

would be entitled to a reduction in the amount of council tax payable in respect of the dwelling in question under a scheme made by the billing authority in whose area the dwelling is situated under or by virtue of section 13A of the Local Government Finance Act 1992, if the person were to—

1. (i)

   rent the dwelling under an occupation contract, and

2. (ii)

   if an application is a precondition of entitlement, apply to the billing authority for a reduction under the scheme;

“child” (“plentyn”) means a person under the age of 18;

“occupation contract” (“contract meddiannaeth”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act);

“prospective contract-holder” (“darpar ddeiliad contract”) means a person seeking to find a dwelling to rent under an occupation contract;

“prospective landlord” (“darpar landlord”) means a person who proposes to let a dwelling under an occupation contract;

“relevant person” (“person perthnasol”), in relation to an occupation contract, means—

(a)

the prospective landlord;

(b)

a person acting or purporting to act directly or indirectly on behalf of the prospective landlord.

(2)

In this Part a reference to doing something on the basis of particular facts includes reference to doing it on the basis of a belief in those facts.”

“(4A)

In subsection (4)—

“occupation contract” (“contract meddiannaeth”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act);

“relevant person” (“person perthnasol”) has the meaning given in section 8J.”