The rental discrimination ban: letting to tenants on benefits or with children

The Renters' Rights Act makes it unlawful to refuse a tenancy because a prospective tenant receives benefits or has children. Affordability checks are still allowed. Here is what GOV.UK says, including the £7,000 penalty.

<pThe Renters' Rights Act 2025 tackles rental discrimination against people who receive benefits and families with children. This post reports only what the Government's guidance states.</p

<h2What is prohibited</h2 <pGOV.UK says the Act addresses both <strongovert discriminatory practices, such as "No DSS" adverts</strong, and <strongindirect practices</strong used to prevent someone entering into a tenancy because they have children or receive benefits.</p

<h2What landlords can still do</h2 <pPer GOV.UK, landlords and agents "will continue to have the final say on who they let their property to and can carry out referencing checks to make sure tenancies are sustainable for all parties". Those decisions can be based on <strongaffordability</strong — but not on the basis that the prospective tenant has children or receives benefits.</p <pOn suitability, GOV.UK gives the example that a one-bedroom flat "might be suitable for a mother with a baby but not for a parent with 2 teenage children, where this level of occupancy would mean that rules on overcrowding were breached". It says landlords must consider whether excluding applicants with children is a proportionate means of achieving a legitimate aim, and must be able to evidence the decision case by case.</p

<h2Mortgage, lease and insurance terms</h2 <pGOV.UK states that terms in mortgages and superior agreements restricting letting to renters with children or on benefits are <strongof no effect</strong, so a landlord cannot be compelled to discriminate by them. Insurance contracts that began before the provisions come into force are exempt until the contract ends or is renewed; restrictive terms in new contracts after commencement are of no effect.</p

<h2Enforcement</h2 <pCouncils in England can impose civil penalties of <strongup to £7,000</strong on landlords and anyone acting on their behalf, with a right of appeal to the First-tier Tribunal. Multiple penalties are possible for continued or repeat breaches. Prospective tenants can also go through the courts or seek redress via the PRS Ombudsman and letting agent redress schemes.</p

<h2Scope</h2 <pGOV.UK says the protections are being introduced in England, and that the Government has worked with the Welsh and Scottish Governments to extend the rental discrimination provisions to Wales and Scotland. Enforcement mechanisms differ between nations. LetSentry's compliance content covers England only.</p

<h2What to change now</h2 <ul <liAudit every live advert, listing template and enquiry auto-reply for "No DSS", "no benefits" or "no children" wording.</li <liBrief anyone who answers enquiries on your behalf — the penalty reaches agents acting for you.</li <liRecord the affordability reasoning behind each letting decision.</li </ul

<pWork through the wider changes in our <a href="/renters-rights-act-2025-landlord-checklist"Renters' Rights Act 2025 landlord checklist</a.</p

<h2Official sources</h2 <ul <li<a href="https://www.gov.uk/government/publications/guide-to-the-renters-rights-act/guide-to-the-renters-rights-act" rel="nofollow"GOV.UK — Guide to the Renters' Rights Act</a</li <li<a href="https://www.legislation.gov.uk/ukpga/2025/26/contents" rel="nofollow"legislation.gov.uk — Renters' Rights Act 2025</a</li </ul <p<emEngland only. General information, not legal advice.</em</p

Sources: - https://www.gov.uk/government/publications/guide-to-the-renters-rights-act/guide-to-the-renters-rights-act - https://www.legislation.gov.uk/ukpga/2025/26/contents

Published: 2026-08-10.

Last reviewed: 2026-08-30.

General summary; not legal advice.