Welsh homes excluded from assured tenancies HA 1988 s. 1A
Under HA 1988 s. 1A, residential tenancies in Wales cannot be assured tenancies, disapplying sections 1 to 25 except for long tenancies under 1989 Act rules.
1A As a result of section 239 of the Renting Homes (Wales) Act 2016 (anaw 1) , no tenancy or licence (whenever made) of a dwelling-house that is in Wales can be an assured tenancy or an assured agricultural occupancy. Accordingly, subject to subsection (3), nothing in sections 1 to 25 of this Act applies to a dwelling-house in Wales. The provisions of this Act which are referred to in Schedule 10 to the Local Government and Housing Act 1989 (c. 42) continue to apply, for the purposes of that Schedule, to a dwelling-house in Wales which is subject to a long tenancy , without the amendments made by the Renters’ Rights Act 2025 . For the purposes of subsection (3), “ long tenancy ” has the meaning given by paragraph 8 of Schedule 2 to the Renting Homes (Wales) Act 2016.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision clarifies that no tenancy or licence created for a dwelling-house in Wales can be an assured tenancy or an assured agricultural occupancy under the Housing Act 1988. As a result, the statutory regime set out in sections 1 to 25 of this Act does not apply to residential properties located in Wales.
An exception is maintained for long tenancies as defined under Schedule 2 to the Renting Homes (Wales) Act 2016. Provisions referenced in Schedule 10 to the Local Government and Housing Act 1989 continue to apply to long tenancies in Wales without the modifications introduced by the Renters’ Rights Act 2025.
When it applies
- A landlord attempting to serve an English statutory eviction notice for a residential property located in Wales.
- A tenant in Wales arguing that their residential lease is governed by English assured tenancy provisions.
- A property owner in Wales attempting to create an assured agricultural occupancy on Welsh land.
What this section does not say
- Residential tenancies for properties situated entirely in England.
- Standard occupation contracts created in Wales under the Renting Homes (Wales) Act 2016.
- Long residential leases in Wales, except where specifically preserved under Schedule 10 to the 1989 Act.
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This page reproduces the text of HA 1988 s. 1A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.