Understanding Anti-Discrimination Laws in the Renters' Rights Act: What Landlords and Tenants Need to Know
The Renters' Rights Act introduces significant changes to private rental regulations in England, with anti-discrimination provisions taking effect from 1 May 2026.
These new laws aim to create a fairer rental market for families and benefit recipients while maintaining landlords' ability to select suitable tenants. Here's what you need to know.
What Are the New Anti-Discrimination Laws?
From 1 May 2026, it becomes illegal for landlords and letting agents to discriminate against prospective tenants based on two specific criteria:
- Having children under 18
- Receiving welfare benefits (including Universal Credit, Housing Benefit, and other forms of government support)
The legislation targets both direct discrimination (such as "No DSS" or "No children" advertisements) and indirect practices designed to exclude these groups from tenancies.
What This Means for Landlords
What You Cannot Do
Blanket bans are prohibited. You cannot:
- Advertise properties with "No DSS," "No children," or similar exclusionary language
- Refuse tenants solely because they receive benefits or have children
- Set policies that disproportionately exclude families or benefit recipients
- Use discriminatory clauses in tenancy agreements
Contractual protections are removed. From 1 May 2026:
- Discriminatory terms in mortgage agreements become unenforceable
- Discriminatory clauses in superior leases (freeholder agreements) are cancelled
- New or renewed insurance policies cannot include discriminatory terms
- Existing insurance contracts with discriminatory clauses lose effect when they expire or renew
What You Can Still Do
Legitimate selection criteria remain valid. Landlords may:
- Assess affordability using income requirements applied equally to all applicants
- Accept all forms of income equally (employment, benefits, pensions, etc.)
- Refuse tenants who cannot demonstrate they meet affordability thresholds
- Reject applications where the property would be unsuitable (e.g., overcrowding concerns)
- Conduct standard referencing checks
- Make the final decision on tenant selection
Limited exceptions exist for families with children if refusing them represents "a proportionate means of achieving a legitimate aim." Examples include:
- Later living accommodation designed for older residents
- Student accommodation with specific occupancy requirements
- Properties where accepting children would breach overcrowding regulations
Important: There is no such exception for discrimination against benefit recipients.
Enforcement and Penalties
Local authorities have enforcement powers and can:
- Investigate discrimination complaints
- Request information from landlords and agents
- Enter business premises during investigations
- Issue financial penalties up to £7,000 for proven discrimination
Tenants should provide evidence including timestamped communications, discriminatory advertisements, and witness statements when reporting discrimination.
Need Guidance?
If you're a landlord concerned about compliance with the new anti-discrimination laws, get in touch with our experts at Andrews. We're here to help you navigate these changes with confidence.
