Section 44 prohibits discriminatory bans and restrictions in relation to a dwelling that is to be the subject of an occupation contract on the basis that a child would or may live with or visit a person at the dwelling, or on the basis that a person is or may be a benefits claimant. Section 44 amends the English language text of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 ("The 2019 Act") and inserts new Part 2A into the 2019 Act which includes sections 8A to 8J. This is achieved via the section’s creation of new criminal offences and a person found guilty of an offence under section 8A, subsection (1) and 8B, subsection (1) is liable on summary conviction to a fine.
	Subsection (3) inserts new sections 8A to 8J into the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019, as follows:
							Section 8A is broadly equivalent to section 33. It contains new provision which creates an offence in relation to a dwelling that is to be the subject of an occupation contract. A relevant person may not discriminate on the basis that a child would live with or visit a person at the dwelling nor prevent the person from engaging in any conduct listed in Paragraphs (a)(i)-(iv). There are two defences in section 8A, detailed in subsections (2) and (3). These are that otherwise prohibited conduct may be permitted if it is a proportionate means of achieving a legitimate aim or to fulfil a term in an existing insurance contract. Persons found guilty of an offence under subsection (1) are liable on summary conviction to a fine.
							Section 8B is broadly equivalent to section 34. It contains new provision which creates an offence for a relevant person, in relation to a dwelling that is to be the subject of an occupation contract from discriminating on the basis that a person is or may be a benefits claimant. There is no defence for legitimate aim as in section 8A, subsection (2) but subsection (2) does allow otherwise prohibited conduct if it is in order to fulfil a term in an existing insurance contract.
							Section 8C can be considered the Welsh equivalent to subsection (3) of section 33 and subsection (3) of section 34. It contains provision excepting conduct from constituting an offence under section 8A, subsection (1) or section 8B, subsection (1) if it consists of the things mentioned in subsection (a) or described in regulations under subsection (b). This provision prevents platforms which host lettings adverts, or provide for landlords and contract-holders to communicate, from breaching the discriminatory prohibitions of Chapter 4. The Welsh Ministers may also, by regulations, add additional exceptions.
							Section 8D is broadly equivalent to subsection (2) of section 40 where there is a continuing breach of prohibition after fixed penalty. It contains provision for an additional offence where there is a continued breach of the rental discrimination prohibitions under section 8A or 8B.
							Section 8E is broadly equivalent to subsection (4) of section 40. It contains provision allowing for an additional offence for a repeated breach of the rental discrimination prohibitions within the period of 5 years beginning with the date the notice under section 13 of the 2019 Act was given. Persons found guilty of an offence under subsection (1) are liable on summary conviction to a fine.
							Sections 8F, 8G and 8H are the Welsh equivalents of Sections 36, 37 and 38. They contain provision rendering any term in a superior lease, mortgage or insurance contract which would prohibit the contract-holder from having a child live with or visit them at the dwelling by a child or prohibit a contract-holder from being a benefits claimant not binding.
	These provisions retrospectively bind mortgages and superior leases entered before commencement of Chapter 4 of Part 1 of the Act. Insurance contracts, however, are only bound if entered into, or the duration of the contract was extended, on or after the commencement of section 8H. There are exceptions in subsection (2) of section 8F for superior leases where otherwise prohibited conduct is permitted if the requirement is a proportionate means of achieving a legitimate aim or where a requirement in the lease is a means of preventing the insured from breaching an existing insurance contract. Subsection (4) of section 8F provides an exception for superior leases, where otherwise prohibited conduct against benefits claimants is permitted if it is in order to fulfil the same term in an existing insurance contract.
	Section 8I can be considered the Welsh equivalent of Section 41. It contains provision clarifying that landlords can continue to consider a person’s income when assessing the affordability of rent payable under an occupation contract without breaching any rental discrimination prohibitions. 8J can be considered the Welsh equivalent of new section 42. It contains definitions of the terminology used in new Part 2A.
Part 1: Tenancy reform Chapter 4: Discrimination relating to children or benefits status: Wales Section 44: Discrimination relating to children or benefits status: English language Effect