Date Published 14 September 2025
Rental discrimination against families with children or people who receive benefits have no place in a fair and modern housing market. Everyone in the private rented sector is entitled to a safe and decent home and prospective tenants should be considered on an individual basis.
The Renters' Rights Bill will take direct action to address rental discrimination practices in the private rented sector. It will address both overt discriminatory practices, such as ‘No DSS' adverts, and situations where landlords or letting agents use other indirect practices in order to prevent someone entering into a tenancy.
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. They will be able to do this based on affordability, but not on the basis the prospective tenant has children or is in receipt of benefits.
We are introducing these protections in England and have worked closely with the Welsh and Scottish Governments to extend rental discrimination provisions to Wales and Scotland through the Renters' Rights Bill.
Frequently asked questions
Won't landlords just discriminate in less obvious ways?
We are taking direct action to stop both overt discriminatory practices, such as ‘no DSS' adverts, and indirect practices intentionally designed to prevent families with children or people who receive benefits from entering into a tenancy.
We will work to ensure that tenants know their rights; that landlords and agents understand what is expected of them; and that local authorities have the resources and skills to enforce effectively.
What about if properties aren't suitable for children?
Landlords and agents should consider applicants on their individual circumstances.
A 1-bedroom flat for example 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 will be for those letting properties to consider whether excluding prospective tenants with children represents a proportionate means of achieving a legitimate aim and landlords would need to be able to evidence their decision on a case-by-case basis.
My mortgage/ lease says I can't let to those in receipt of benefits or with children, what happens then?
Our measures ensure that terms in mortgages and superior agreements which restrict the letting of a property to private renters without children or who receive benefits are of no effect, preventing any breach of contract where a landlord fails to fulfil them.
Therefore, a landlord cannot be compelled to discriminate by their mortgage or superior landlord agreement.
A superior landlord may only include restrictive terms on letting to those with children if it is a proportionate means of achieving a legitimate aim.
My insurance contract says I can't let to those in receipt of benefits or with children. What should I do?
Existing insurance contracts that begin before the legislation comes into force will be exempt from the provisions until the insurance contract comes to an end or is renewed.
Many insurance companies already offer services to landlords who rent to tenants with children or receiving benefits.
Any restrictive terms in a new insurance contract following the legislation coming into force will be of no effect, preventing any breach of contract.
When will you implement the rental discrimination prohibition?
Following Royal Assent of the Renters' Rights Bill, we will allow time for a smooth transition to the new system. We will support tenants, landlords and agents to understand and adjust to the new rules, while making sure that people who receive benefits and families with children can benefit from the reforms as soon as possible.
We are engaging with the sector on the implementation of the rental discrimination provisions and will provide more information in due course.
How will this be enforced in England?
We are giving local councils powers to impose civil penalties on landlords and anyone acting directly or indirectly on their behalf up to £7,000 for breaches. Those issued with a financial penalty will be able to appeal the penalty at the First-tier Tribunal.
Landlords and letting agents can receive multiple penalties for continued and repeat breaches.
Our enforcement system will keep all routes to justice open for tenants. Prospective tenants will be able to pursue a breach through their local council or through the courts and seek redress through the new Private Rented Sector Ombudsman and letting agent redress schemes.
Which nations do the rental discrimination provisions apply to?
We are introducing these protections in England and have worked closely with the Welsh and Scottish Governments to extend the rental discrimination provisions to Wales and Scotland through the Renters' Rights Bill.
As housing is devolved and enforcement mechanisms vary, the penalty for a breach of rental discrimination provisions in Wales and Scotland will be a criminal offence in line with the wider housing framework of the devolved administrations.
Credit- https://www.gov.uk/government/publications/guide-to-the-renters-rights-bill/guide-to-the-renters-rights-bill
