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England’s Renters’ Rights Act Presents an Opportunity for Landlords in Wales


GUEST COLUMN:

Clare Good
Property Litigation Partner
Knights

With the implementation of the Renters’ Rights Act (RRA) looming in England, prompting uncertainty for millions of landlords, it’s easy to lose sight of an important constitutional reality that presents newfound opportunities for landlords in Wales. Housing is a devolved area and this means the responsibility for housing policy, legislative frameworks, and enforcement sits with the devolved governments, not Westminster. As a result, Wales is not following England down the same legislative path.

Wales underwent its own overhaul of housing legislation in December 2022, when the Renting Homes (Wales) Act 2016 (RHWA) came into force. The changes were both vast and far‑reaching. The previous patchwork of tenancy types was swept away and replaced with a unified system of Occupation Contracts, bringing clarity but also imposing strict compliance obligations on landlords. Many housing arrangements were, for the first time, formally drawn into a statutory regime, including university accommodation and supported housing operated by charities.

While the implementation of the RHWA presented challenges, the sector has now had time to adjust. Most professional landlords operating in Wales are familiar with the regime and have embedded compliance into their processes. Against that backdrop, the divergence between England and Wales is becoming increasingly stark.

From 1 May 2026, the RRA will abolish so‑called ‘no‑fault’ evictions in England. English landlords in the private rental sector will only be able to recover possession by relying on one of the statutory grounds for possession. This represents a fundamental shift in the balance of power. Flexibility will be significantly reduced, the evidential burden on landlords increased, and the risks associated with delays in the court system amplified. In some circumstances, landlords may be unable to recover possession at all, even where their commercial or personal circumstances have materially changed.

Wales has taken a different approach. Although the Welsh Government consulted on the removal of no‑fault notices during the development of the RHWA, it ultimately chose not to abolish them. Instead, it opted to strengthen tenant security through longer notice periods and increased stability within tenancies. Under the RHWA, landlords can still serve a ‘no‑fault’ notice, but in most cases must give six months’ notice. In addition, a landlord cannot serve such a notice during the first six months of an occupation contract. The practical effect is that, unless an exception applies, the shortest possible occupation is 12 months.

Crucially, this still allows Welsh landlords to recover possession of a property without needing to establish a statutory ground or prove tenant breach. For tenants, this regime provides meaningful security – a guaranteed minimum term and substantial notice if their landlord intends to regain possession. For landlords, it preserves an essential degree of flexibility and control over their assets.

This means that from May 2026, Wales will be the only nation within Great Britain where no‑fault possession is an option. That distinction matters. The Welsh framework offers a more balanced regime, one which recognises both the importance of tenant security and the legitimate needs of landlords to manage risk, plan asset disposals, refinance, or respond to changes in personal or commercial circumstances.

This divergence creates a real opportunity for landlords and developers operating, or considering operating, in Wales. While the Welsh regime is undeniably compliance‑heavy, it is also more predictable. Provided landlords meet the upfront requirements of the RHWA, including written statements of contract, deposit rules, and fitness for human habitation obligations, they retain a clearly defined route to possession. That certainty is becoming increasingly rare elsewhere.

By contrast, the incoming English regime introduces layers of restriction, additional scrutiny around eviction motives, and a heightened risk of protracted possession proceedings. As a result, Wales may become increasingly attractive to investors seeking procedural clarity, strategic flexibility, and the ability to plan portfolio changes with confidence.

This is not about rolling back tenant protections; Wales has demonstrably raised standards across the sector. Rather, it is about balance. The Welsh Government’s approach preserves an element of operational control for landlords that will shortly disappear in England. For developers, institutional investors, and experienced private landlords, this creates an environment where long‑term planning remains viable.


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