England vs Wales: the landlord law divergence map

· 10 min read

Housing is devolved. Most UK landlord advice is written in England, for England, and served to Welsh landlords without a word of warning — which is how a Welsh landlord ends up serving a How to Rent guide that has no standing, or an English landlord with a Welsh property serves a section 21 notice that no longer exists.

This is every point of divergence we track, each side cited to its own Act. It is the reference the rest of this cluster hangs off.

The divergence table

SubjectEnglandWales
Governing statute Housing Act 1988 as amended by the Renters’ Rights Act 2025 Renting Homes (Wales) Act 2016, in force 1 December 2022
What the occupier is called Tenant, on an assured tenancy Contract-holder, on an occupation contract
No-fault possession Abolished. Section 21 ended 1 May 2026 Retained. Section 173, six months’ notice, none in the first six months
The core document Tenancy agreement, plus How to Rent, plus the RRA information sheet Written statement of the occupation contract, within 14 days
Late core document Blocks possession on some grounds Compensation of a day’s rent per day of delay, capped
Landlord registration PRS Database, under the Renters’ Rights Act 2025 Rent Smart Wales, since 2015, Housing (Wales) Act 2014 Part 1
Selective licensing Widely used, council by council, Housing Act 2004 s.80 Legally available, 0 confirmed schemes
Additional HMO licensing Council by council, Housing Act 2004 s.56 Same Act, and 9 of 22 councils operate one
Mandatory HMO licensing Housing Act 2004, national Same Act, same test, all 22 councils
Deposit protection Housing Act 2004 ss.213–215, 30 days Same sections, same 30 days
Deposit cap 5 weeks’ rent under £50k, 6 weeks at or above. Tenant Fees Act 2019 No security deposit cap. Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019
Fitness standard HHSRS, applied by the council Implied contract term, s.91, judged against 29 matters
EICR Standalone regulations, £30,000 civil penalty A condition of fitness under the 2022 Regulations
Alarms Standalone regulations, £5,000 penalty A condition of fitness: interlinked, mains-wired
Awaab’s Law Extended to the PRS by the RRA 2025, fixed timescales Does not apply. No Welsh equivalent
Right to Rent Immigration Act 2014, applies Does not apply
Pets Right to request, s.16A, silence treated as unreasonable refusal No equivalent statutory right to request
Ombudsman PRS Landlord Ombudsman, mandatory under the RRA 2025 No equivalent PRS ombudsman scheme

The three that catch people out most

1. Section 21 is gone in England, section 173 is not gone in Wales

The single sharpest divergence, and it runs in both directions. English landlords with Welsh property believe they have lost a route they still have; Welsh landlords with English property serve a notice that no longer exists. Section 173 notices in Wales.

2. The document is different, and so is the penalty for being late

England: agreement, How to Rent, information sheet, and lateness blocks possession. Wales: one written statement, 14 days, and lateness costs a day’s rent per day. The written statement in Wales.

3. Registration is national in Wales and always has been

England’s PRS Database is new. Rent Smart Wales has registered every Welsh landlord since 2015 — and licensed the ones who self-manage, which the English database does not do. It is also the most likely reason Wales has no selective licensing.

What is the same

Worth stating, because the differences get all the attention:

  • HMO licensing — Parts 2 and 3 of the Housing Act 2004 apply in both, unchanged.
  • Deposit protection mechanics — same sections, same schemes, same 30 days.
  • Gas safety — the Gas Safety (Installation and Use) Regulations 1998 apply in both.
  • EPC minimum standards — the MEES regime applies in both.
  • Unlimited fines — LASPO 2012 s.85 extends to England and Wales, so the stale maxima printed on legislation.gov.uk are wrong in both countries.

The rule to work from

Never assume a UK-wide article covers Wales. Almost none do, and the ones that mention it usually add a sentence rather than a jurisdiction. If a piece of advice does not name the Renting Homes (Wales) Act 2016 or the Housing (Wales) Act 2014, it is English advice, whatever its title says.

We hold all 22 Welsh councils. Each page carries what we have established and says so where we have not. Browse the database.

Information tool, not legal advice.

Common questions

Do English landlord laws apply in Wales?

Some do and some do not, which is why this is dangerous. HMO licensing, deposit protection mechanics, gas safety and EPC standards are shared. Tenancy law, the core document, no-fault possession, the fitness regime, Right to Rent, the pet request right and Awaab's Law all differ. If an article does not name the Renting Homes (Wales) Act 2016, it is English advice.

Is section 21 abolished in Wales?

No. Section 21 was an English provision and it was abolished in England on 1 May 2026. Wales retains section 173 of the Renting Homes (Wales) Act 2016, which requires no ground, carries six months' notice and cannot be served in the first six months of the contract.

Does Right to Rent apply in Wales?

No. The Right to Rent scheme under the Immigration Act 2014 applies in England only.

What is the biggest difference between letting in England and Wales?

No-fault possession. England abolished it entirely; Wales kept section 173 with a six-month notice period. Landlords get this wrong in both directions — believing they have lost a route they still have in Wales, or serving an English notice that no longer exists.

Does Wales have selective licensing?

We have confirmed 0 selective licensing schemes across the 22 Welsh councils we track. It is legally available under section 80 of the Housing Act 2004, so the absence is practice rather than power — most plausibly because Rent Smart Wales already registers every Welsh landlord nationally.

Sources

Figures about our own council records are computed when this page is built, so they cannot drift from the database. Information tool, not legal advice.

Read next

Section 173: Wales kept no-fault when England ended it7 min readRent Smart Wales: registration versus licensing7 min readSelective licensing in Wales: why there is none6 min readSection 21 is gone: what Section 8 now requires8 min read

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Councils this applies to

Each page carries that council’s own position, with the date we read it.

Landlord HQ uses AI to analyse legislation and tenancy agreements. While we work hard to ensure accuracy, AI can make mistakes. Always verify compliance requirements with a qualified solicitor. Landlord HQ is an information tool, not legal advice.

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