The Renting Homes (Model Written Statements of Contract) (Wales) (Amendments etc.) Regulations 2026

Welsh Statutory Instruments

2026 No. 41

housing, wales

The Renting Homes (Model Written Statements of Contract) (Wales) (Amendments etc.) Regulations 2026

Made

11 February 2026

Coming into force

1 June 2026

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by section 141(1) and (2) of the Renters’ Rights Act 2025(1) and sections 22(1)(b)(2), 29(1) and 256(1) of the Renting Homes (Wales) Act 2016(3).

In accordance with the Senedd approval procedure applied by section 256(3) and (4)(b) of the Renting Homes (Wales) Act 2016(4) a draft of this Welsh statutory instrument was laid before, and approved by resolution of, Senedd Cymru.

Title and coming into Force

1.—(1) The title of these Regulations is the Renting Homes (Model Written Statements of Contract) (Wales) (Amendments etc.) Regulations 2026.

(2) These Regulations come into force on 1 June 2026.

Interpretation

2.  In these Regulations—

“the Act” (“y Ddeddf”) means the Renting Homes (Wales) Act 2016;

“fundamental provision” (“darpariaeth sylfaenol”) has the meaning given in section 18 of the Act;

“supported standard contract” (“contract safonol â chymorth”) has the meaning given in section 143 of the Act.

Amendments to the Renting Homes (Model Written Statements of Contract) (Wales) Regulations 2022

3.—(1) The Renting Homes (Model Written Statements of Contract) (Wales) Regulations 2022(5) are amended as follows.

(2) In Schedule 1 (model written statement of a secure occupation contract), in Part 3 (secure occupation contract - fundamental and supplementary terms)—

(a) in the Index, after the heading “Control of the dwelling”, insert the heading—

“Prohibition of discrimination against people with children and benefits claimants”;

(b) after term 15 (landlord’s right to enter the dwelling – emergencies (S)), insert—

“Prohibition of discrimination against people with children and benefits claimants

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

15A.— (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+)

15B.   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(6).”

(3) In Schedule 2 (model written statement of a periodic standard occupation contract), in Part 3 (periodic standard occupation contract – fundamental and supplementary terms)—

(a) in the Index, after the heading “Control of the dwelling” insert the heading—

“Prohibition of discrimination against people with children and benefits claimants”;

(b) after term 14 (landlord’s right to enter the dwelling – emergencies (S)), insert—

“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.”

(4) In Schedule 3 (model written statement of a fixed term standard occupation contract for a term of less than seven years), in Part 3 (fixed term standard contract – fundamental and supplementary terms)—

(a) in the Index, after the heading “Control of the dwelling” insert the heading—

“Prohibition of discrimination against people with children and benefits claimants”;

(b) after term 12 (landlord’s right to enter the dwelling – emergencies (S)), insert—

“Prohibition of discrimination against people with children and benefits claimants

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

12A.— (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+)

12B.   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.”

Section 54A of the Act not a fundamental provision of occupation contracts that are supported standard contracts

4.  Section 54A of the Act (right for children to live at or visit dwelling) is not a fundamental provision applicable to a supported standard contract.

Jayne Bryant

Cabinet Secretary for Housing and Local Government, one of the Welsh Ministers

11 February 2026

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Renting Homes (Model Written Statements of Contract) (Wales) Regulations 2022 (S.I. 2022/28 (W. 13)) (“the 2022 Regulations”).

These Regulations are made pursuant to section 141(1) and (2) of the Renters’ Rights Act 2025 (c. 26) (“the 2025 Act”) which confers a power upon the Welsh Ministers to make provision that is consequential on Part 1 of the 2025 Act.

Chapter 4 of Part 1 of the 2025 Act makes provision in relation to discrimination in the rental market in Wales. Section 46 of Chapter 4 makes amendments to the Renting Homes (Wales) Act 2016 (anaw 1) (“the 2016 Act”) regarding discrimination.

Section 29(1) of the 2016 Act (model written statement of contract) requires the Welsh Ministers to prescribe model written statements of contract for such kinds or descriptions of occupation contract as they think fit.

A model written statement of contract is a written statement which incorporates without modification all the fundamental and supplementary provisions applicable to that contract (see section 29(2) of the 2016 Act).

Chapter 3 of Part 2 of the 2016 Act introduces the concept of fundamental provisions which are—

(a)

provisions of the 2016 Act, and

(b)

other provisions which are fundamental provisions by virtue of section 22(1)(a) of the 2016 Act,

that are incorporated as terms of occupation contracts or particular kinds or descriptions of occupation contracts (subject to sections 20(1) and (2) and 21 of the 2016 Act) and so form part of the contract between a contract-holder and a landlord.

Once a fundamental provision is included in an occupation contract, it is referred to as a “fundamental term” of the contract.

Regulation 3 of, and the Schedules to, the 2022 Regulations prescribe model written statements of contract for secure contracts, periodic standard contracts and fixed term standard contracts. Schedule 1 to the 2022 Regulations sets out the model written statement of contract that applies to secure occupation contracts; Schedule 2 of the 2022 Regulations sets out the model written statement of contract that applies to periodic standard occupation contracts and Schedule 3 to the 2022 Regulations sets out the model written statement of contract that applies to relevant fixed term standard contracts. Regulation 3(2) of the 2022 Regulations defines a “relevant periodic standard occupation contract” and a “relevant fixed term standard contract”.

Regulation 3 of these Regulations amends Part 3 of Schedules 1, 2 and 3 to the 2022 Regulations. The amendments are made to insert the fundamental provisions set out in sections 54A (right for children to live at or visit dwelling) and 54B (right to claim benefits) of the 2016 Act, as inserted by section 46 of the 2025 Act.

Section 22(1) of the 2016 Act enables the Welsh Ministers to make regulations which specify that any provision of any enactment is, or is not, a fundamental provision applicable to an occupation contract.

Regulation 4 of these Regulations provides that section 54A of the 2016 Act is not a fundamental provision of occupation contracts that are supported standard contracts.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

2025 c. 26.

(2)

Section 22 was amended by section 18 and paragraphs 1 and 3 of Schedule 6 to the Renting Homes (Amendment) (Wales) Act 2021 (asc 3).

(3)

2016 anaw 1. See section 252 for the definition of “prescribed”.

(4)

The reference in section 256(3) and (5) of the Renting Homes (Wales) Act 2016 to the National Assembly for Wales has effect as a reference to Senedd Cymru by virtue of section 150A(2) of the Government of Wales Act 2006 (c. 32).

(5)

S.I. 2022/28 (W. 13) as amended by S.I. 2023/1199 (W. 210).

(6)

2019 anaw 2.