Renters’ Rights Act 2025

47 Power of Welsh Ministers to protect others E+W

(1) If the Welsh Ministers are satisfied that—

(a) a discriminatory rental practice exists in relation to dwellings that may be the subject of occupation contracts (“relevant rental dwellings”), and

(b) because of that discriminatory rental practice, the victims of that practice are significantly less likely to obtain the grant, renewal or continuance of occupation contracts than other people,

the Welsh Ministers may make regulations prohibiting that discriminatory rental practice.

(2) A “discriminatory rental practice” exists in relation to relevant rental dwellings if some or all relevant persons—

(a) on the basis that people are members of a particular group, prevent those people from—

(i) enquiring whether relevant rental dwellings are available for rent,

(ii) accessing information about relevant rental dwellings,

(iii) viewing relevant rental dwellings in order to consider whether to seek to rent them, or

(iv) obtaining the grant, renewal or continuance of occupation contracts in respect of relevant rental dwellings, or

(b) apply a provision, criterion or practice in order to make a particular group of people less likely to obtain the grant, renewal or continuance of occupation contracts of relevant rental dwellings than people not in that group.

(3) The “victims” of a discriminatory rental practice are—

(a) where a particular group of people are prevented from doing the things mentioned in subsection (2)(a), the people in that group;

(b) where a provision, criterion or practice is applied in order to make a particular group of people less likely to obtain the grant, renewal or continuance of occupation contracts as mentioned in subsection (2)(b), the people in that group.

(4) Regulations “prohibiting” a discriminatory rental practice are regulations relating to—

(a) the discriminatory rental practice, and

(b) the persons who are the victims of it,

which make provision corresponding to the relevant anti-discrimination legislation.

(5) The relevant anti-discrimination legislation is—

(a) Part 2A of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019, except for section 8C(b), and

(b) Chapter 6A of Part 3 of the Renting Homes (Wales) Act 2016;

but regulations under this section may make provision corresponding to the provision that may be made under section 8C(b) of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.

(6) Before making regulations prohibiting a discriminatory rental practice, the Welsh Ministers must consult such of the following persons as the Welsh Ministers consider appropriate—

(a) victims of the discriminatory rental practice or one or more representatives of such persons;

(b) landlords and prospective landlords under occupation contracts or one or more representatives of such persons;

(c) other landlords and prospective landlords under leases of premises that consist of or include a dwelling or one or more representatives of such persons;

(d) mortgagees of dwellings or one or more representatives of such persons;

(e) insurers of dwellings or one or more representatives of such persons;

(f) local housing authorities or one or more representatives of local housing authorities.

(7) For that purpose a “representative” of persons of a particular kind, or of local housing authorities, is a body or other person which appears to the Welsh Ministers to represent the interests of persons of that kind, or of local housing authorities.

(8) Regulations under this section may amend, repeal or revoke provision made from time to time by or under the relevant anti-discrimination legislation.

(9) In this section—

• “benefits claimant” has the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019;

• “local housing authority” means the council for a county or county borough in Wales;

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

• “relevant person” has the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.

Commencement Information

I1 S. 47 in force at Royal Assent for specified purposes, see s. 145(2)