Cardiff is Wales's capital and its largest private rented sector by volume — a city of over 360,000 people with significant student, professional, and family rental demand driven by Cardiff University, Cardiff Metropolitan University, Cardiff Bay regeneration, and the public sector. The city falls within Cardiff Council's jurisdiction for HMO licensing and housing enforcement.
Welsh landlords must understand that the English Renters' Rights Act 2025 (which abolished Section 21 in England from 1 May 2026) does not apply in Wales. Wales has its own separate statutory regime — the Renting Homes (Wales) Act 2016 — with its own possession mechanisms, notice periods, and documentation requirements. This guide covers what every Cardiff landlord needs to know in 2026.
Renting Homes (Wales) Act 2016 — the Welsh regime
The Renting Homes (Wales) Act 2016 came fully into force on 1 December 2022. All Welsh private lettings use occupation contracts, not tenancy agreements. Key terminology differences:
- Occupation contract: Replaces the tenancy agreement. Must include the statutory fundamental terms set by the Welsh Government. There are two types — standard occupation contracts (most private lets) and secure occupation contracts (social housing)
- Contract-holder: Replaces 'tenant'. The person who holds the occupation contract
- Landlord break: The Welsh equivalent of no-fault possession. Governed by Section 173 (standard contract) — minimum 6 months' notice on periodic contracts, and the contract-holder must have been in occupation for at least 6 months
- No Section 21 in Wales: The English Section 21 procedure does not apply in Wales. Welsh landlords seek no-fault possession via a Section 173 landlord-break notice with a minimum 6 months' notice period
- Written statement: The written statement of the occupation contract must be given to the contract-holder within 14 days of occupation — failure is a civil offence. The Welsh Government publishes model statements
- Deposit protection: Deposits must be protected under a Welsh Government approved scheme within 30 days of receipt — the same three England-approved schemes (TDS, MyDeposits, DPS) all accept Welsh deposits
June 2026 fundamental-term variation — Cardiff landlords must act
In June 2026, the Welsh Government implemented changes to the fundamental terms of occupation contracts. All Cardiff landlords with existing contract-holders must serve a fundamental-term variation notice.
- Who must serve: Every landlord with an existing occupation contract where the contract-holder was in occupation before the variation date
- Service window: The variation notice must be served between 1 June 2026 and 14 June 2026 — check the Welsh Government's guidance for the precise service window and prescribed form
- Effect: The variation updates the fundamental terms of the contract to the revised model. A failure to serve within the window is a civil offence and may affect your ability to serve a valid Section 173 landlord-break notice
- Form: Use the Welsh Government's prescribed variation notice form — do not draft your own
- Proof of service: Retain evidence of delivery (first class post with certificate of posting, or signed receipt). The burden of proof is on the landlord
Rent Smart Wales — registration and licensing
All Cardiff private landlords must be registered with Rent Smart Wales. Self-managing landlords must also hold a Rent Smart Wales landlord licence.
- Landlord registration: Mandatory for every landlord letting a property in Wales. Apply at Rent Smart Wales (rentsmart.gov.wales). Annual registration fee applies. Failure to register is a civil offence — civil penalty up to £7,500
- Landlord licence (self-managing): If you manage your own property (collect rent, arrange repairs, deal with tenants directly) you must also hold a Rent Smart Wales landlord licence. The licence requires completion of approved training
- Agent licence: If you use a letting agent to manage your Cardiff property, the agent must hold a Rent Smart Wales agent licence. You remain responsible for ensuring your agent is licensed
- Cardiff Council enforcement: Cardiff Council is the designated enforcement authority for Rent Smart Wales compliance in Cardiff. Civil penalties, prosecution, and banning orders apply for non-compliance
- Renewal: Registration and licences must be renewed. Check expiry dates — letting without a current licence or registration is a civil offence
Cardiff Council HMO licensing
Cardiff has a significant HMO market driven by Cardiff University, Cardiff Metropolitan University, and a large mobile workforce. HMO landlords face licensing obligations at both Welsh and local authority level.
- Mandatory HMO licence: Required for all HMOs with 5 or more occupants forming 2 or more households under the Housing Act 2004 (which applies in Wales as in England for HMO licensing purposes). Operating without a mandatory licence is a criminal offence
- Additional HMO licensing: Check Cardiff Council's website for any additional HMO licensing schemes covering smaller HMOs (3–4 occupants) in designated areas
- Article 4 Directions: Cardiff has Article 4 Directions in student-dense areas (including parts of Cathays and Roath) removing permitted development rights to convert dwellings to HMOs without planning permission
- HMO room sizes: Cardiff Council licence conditions specify minimum room sizes and fire safety standards — check current licence conditions before letting
- Fire safety: Interlinked smoke detection, fire doors to bedrooms, emergency lighting in circulation areas, and kitchen fire suppression or 30-minute fire-rated separation
Possession in Cardiff — Section 173 landlord break
Cardiff landlords on standard periodic occupation contracts serve a Section 173 landlord-break notice for no-fault possession. This is the Welsh equivalent of the former Section 21.
- Minimum notice: 6 months' notice on a periodic standard occupation contract
- Minimum occupation period: The contract-holder must have been in occupation for at least 6 months before the Section 173 notice takes effect
- Prescribed form: Use the Welsh Government prescribed Section 173 notice form. A defective notice is void
- Variation notice prerequisite: If the landlord has not served the June 2026 fundamental-term variation notice where required, this may affect the validity of subsequent Section 173 notices — seek advice
- Fault-based possession: Fault-based possession grounds (e.g., serious rent arrears, anti-social behaviour) are available under Schedule 8 of the Renting Homes Act with shorter notice periods for some grounds
- County Court: If the contract-holder does not leave after the Section 173 notice expires, the landlord must apply to the county court for a possession order
2026 Cardiff landlord compliance checklist
Minimum compliance reference for Cardiff landlords — each item is a legal obligation:
- Rent Smart Wales: check registration is current; hold or ensure agent holds a valid licence
- Occupation contract: ensure all contracts use Welsh Government model fundamental terms — including June 2026 variation
- Written statement: serve within 14 days of contract-holder taking occupation
- Fundamental-term variation: serve within the June 2026 window on all existing contract-holders
- HMO licensing: obtain mandatory HMO licence for 5+ occupants; check additional licensing requirements
- Article 4: confirm whether your property is in an Article 4 area before converting
- Deposit protection: protect within 30 days; provide prescribed information
- Gas Safety Certificate: renew annually; must be in place before and throughout the contract
- EICR: current within 5 years; provide to contract-holders within 28 days of request
- EPC: minimum E rating; current (valid 10 years)
- Smoke and CO alarms: smoke detector on every floor; CO alarm in every room with a combustion appliance
Frequently asked questions
Does the Renters' Rights Act 2025 (Section 21 abolition) apply to Cardiff landlords?+
No. The Renters' Rights Act 2025 applies in England only. Wales has its own statutory regime — the Renting Homes (Wales) Act 2016, fully in force since 1 December 2022. Cardiff landlords do not use Section 21 (it has not applied in Wales since December 2022). No-fault possession in Wales is by Section 173 landlord-break notice with a minimum 6 months' notice on a periodic standard occupation contract.
Do I need to register with Rent Smart Wales if I let a property in Cardiff?+
Yes. Every landlord letting a residential property in Wales must be registered with Rent Smart Wales. If you manage the property yourself (rather than through a licensed agent), you must also hold a Rent Smart Wales landlord licence, which requires completion of approved training. Failure to register or licence is a civil offence — civil penalties up to £7,500 apply and Cardiff Council actively enforces Rent Smart Wales requirements.
What is the June 2026 fundamental-term variation and does it apply to me?+
In June 2026, the Welsh Government updated the fundamental terms of occupation contracts. If you have existing contract-holders in Cardiff, you were required to serve a prescribed fundamental-term variation notice within the service window (1–14 June 2026). Missing this obligation is a civil offence and may affect your ability to serve a valid Section 173 landlord-break notice in future. Check whether your agent has served this on your behalf — do not assume.
Can I use a fixed-term occupation contract for my Cardiff student let?+
Yes, the Renting Homes (Wales) Act 2016 allows fixed-term standard occupation contracts. Unlike England (where fixed-term ASTs are abolished from May 2026), Welsh fixed-term occupation contracts are permitted. A fixed-term contract converts to a periodic occupation contract at the end of the fixed term unless the landlord serves a Section 186 notice before or on the last day of the fixed term. Check current requirements on the Welsh Government website.