From 1 May 2026, landlords and letting agents in England must not discriminate against prospective tenants because they receive benefits or have children. The Renters' Rights Act 2025 added specific rental-discrimination protections alongside the existing Equality Act rules.
This means blanket wording such as “No DSS”, “No benefits” or “No children” should not be used to shut applicants out of information, viewings or tenancy decisions. The rules apply to landlords and to people acting for them, including agents and referencing services.
This article covers assured and regulated private tenancies in England.
What the current rules prohibit
Official government guidance defines rental discrimination here as unfair treatment because a person has children or receives benefits. It can still be discrimination where the decision is based on a mistaken belief that an applicant has children or receives benefits.
A landlord or person acting on their behalf must not take steps intended to make someone less likely to enter a tenancy for either reason. The official examples include preventing an applicant from:
- accessing information about a property or its availability;
- viewing the property; or
- entering into the tenancy agreement.
The rule is wider than the wording of an advert. A neutral advert can still be followed by a discriminatory conversation, viewing policy, referencing rule or final decision. Conversely, changing an advert does not cure a process that continues to exclude the same applicants.
Affordability and referencing decisions
The rules do not require a landlord to accept every applicant. A landlord may still assess whether a tenancy is sustainable, but the process should examine the individual application and use criteria that do not single out benefit recipients or families with children.
Government guidance gives an example in which requiring a guarantor only from a benefit recipient amounted to discrimination where a guarantor was not required for all applicants. A preferred insurer's policy did not make that different treatment lawful where other products might be available.
A consistent process should therefore record:
- The financial information requested from every applicant.
- How affordability was assessed.
- Any guarantor or rent-in-advance rule and whether it was applied consistently.
- The property-specific reason for the final decision.
- Communications with the applicant and anyone acting for the landlord.
A decision should be capable of explanation without relying on stereotypes about benefits, employment status or children.
Limited exceptions and property suitability
The government guidance identifies limited exceptions. An existing insurance contract entered into before 1 May 2026 may temporarily contain a term excluding children or benefit claimants. That exception ends when the contract ends or is renewed. Discriminatory terms in insurance contracts agreed or renewed from 1 May 2026 have no effect.
For children, a restriction may be lawful where it is a proportionate way of achieving a legitimate aim, such as where occupation would genuinely be unsuitable or overcrowded. This is not a general permission to apply a “No children” policy. The reason must relate to the actual property and circumstances.
Terms in assured or regulated tenancies and superior leases that prohibit tenants from receiving benefits or having children cannot be relied on unless an applicable exception exists. A landlord should not assume that a mortgage, lease or insurance term automatically justifies refusing an applicant.
Advertising and agency controls
Landlords remain responsible for decisions made on their behalf. Instructions, portal filters, automated messages and agent scripts should all be checked for exclusionary wording or settings.
A practical review should cover:
- property adverts and pre-written responses;
- portal filters and applicant-screening questions;
- referencing-provider instructions;
- guarantor and affordability policies;
- rent guarantee insurance requirements; and
- records explaining refusals.
Use factual property information instead of coded exclusions. For example, state the lawful occupancy limit and material access or layout facts, then assess each application against them.
Evidence and enforcement
Government guidance says applicants may support a report with dated adverts, messages, emails, recordings or other communications. Landlords and agents should retain the documents that explain their decision, including relevant property, licensing or insurance records.
Local authorities can investigate rental discrimination and take enforcement action. Tenants may also use an agent redress scheme or civil proceedings where applicable. A landlord should correct discriminatory wording or processes promptly and preserve an accurate record of what changed.
This is general information for England, not legal advice. Check current GOV.UK guidance or obtain advice for a specific case.