Anti-Discrimination Rules for Landlords

From 1 May 2026, the Renters' Rights Act 2025 makes it unlawful to discriminate against prospective tenants because they receive benefits or have children. "No DSS" and "No children" policies are explicitly banned. You can still assess affordability and conduct proper referencing — but you must do it fairly.

While case law has already established that blanket "No DSS" policies can be indirectly discriminatory (because women and disabled people are more likely to receive benefits), the Renters' Rights Act 2025 puts this beyond doubt with specific statutory provisions:

Benefits discrimination banned:

• You cannot refuse to let to someone because they receive benefits
• You cannot state "No DSS", "No Housing Benefit", "No Universal Credit" or similar in advertisements
• You cannot instruct agents to filter out benefit recipients
• Benefits income must be treated as legitimate income in affordability assessments

Family discrimination banned:

• You cannot refuse to let to someone because they have children
• You cannot advertise "No children", "Professionals only" (if intended to exclude families), or similar
• You cannot impose conditions that disproportionately exclude families without objective justification

What you CAN still do:

• Conduct genuine affordability assessments based on total income (including benefits)
• Require income to be a multiple of rent (e.g., 2.5x annual rent) regardless of income source
• Refuse tenants who fail referencing on legitimate grounds (credit history, previous landlord reference, identity verification)
• Consider whether the property is genuinely suitable (e.g., a studio flat may not be suitable for a family of five on occupancy grounds, not discrimination grounds)

• Review your advertising: Remove any language that could be seen as discriminatory. "Working professionals" is acceptable if it genuinely describes the target market, but not if it's code for "no families" or "no benefits".
• Affordability is key: You can absolutely assess whether a tenant can afford the rent. But the assessment must look at total income, including Housing Benefit, Universal Credit housing element, and any other benefits.
• Document your decisions: If you decline a tenant, document the legitimate reason (failed credit check, insufficient income, poor landlord reference). This protects you if a complaint is made.
• Local authority enforcement: Local councils have powers to investigate discriminatory practices. From 27 December 2025, these enforcement powers are already active.

• 27 December 2025: Local authority enforcement powers came into force (inspections, document demands, third-party data access)
• 1 May 2026: Full anti-discrimination provisions come into force
• Penalties: Up to £7,000 for initial breaches, up to £40,000 for serious or repeated breaches

Q: A prospective tenant receives Universal Credit. Can I refuse them?

A: Not because of their benefits status. You can assess their total affordability (including UC housing element) against your standard criteria. If they meet your affordability threshold, you cannot refuse them solely because their income includes benefits.

Q: Can I still require a guarantor?

A: Yes, you can require a guarantor as part of your standard referencing process, provided you apply this requirement consistently and not only to benefit recipients or families.

Q: What about the rental bidding ban — is that part of the discrimination rules?

A: The rental bidding ban is a separate provision (see our Rental Bidding tip) but is related. Both provisions aim to ensure fair access to rented housing.

Q: Who enforces these rules?

A: Local authorities have enforcement powers including the ability to inspect, demand documents, and access third-party data. Tenants can also bring complaints through the PRS Ombudsman or county court.

• Review all property advertisements and remove any discriminatory language
• Update your tenant selection criteria to focus on affordability and referencing, not income source
• Ensure your referencing process treats benefits income as legitimate income
• Document every tenant selection decision with clear, legitimate reasons
• Brief anyone involved in marketing or tenant selection on the new rules
• Talk to your agent about their compliant referencing and tenant selection process