As a landlord, you will not be able to do anything that makes a tenant less likely to rent a property (or prevent them from renting it) because they have children or receive benefits. This is known as ‘rental discrimination’.
This could include withholding information about a property (including its availability), preventing someone from viewing a property, or refusing to grant a tenancy. The rules also apply to anyone acting on your behalf, such as letting agents, referencing services, friends, or family members. Rental discrimination can occur when someone is looking for a property or if a household’s circumstances change during their tenancy. It is still rental discrimination if you treat someone unfairly based on something that is not true—for example, if you believe someone has children when they do not.
What counts as rental discrimination
You will not be able to stop someone from doing any of the following because they have children or receive benefits (or you believe they do): accessing information about the property, viewing the property, renting the property.
Accessing information
Information may include: the availability of the property, the date it becomes vacant, details of the property, such as size, location, or number of bedrooms.
Viewing a property
This includes refusing to allow someone to view the property or knowingly making it difficult for them to do so, such as by offering unreasonable viewing times.
Renting a property
This includes treating someone poorly in a way that makes them less likely to want to rent the property—for example, offering a rental agreement that puts the tenant at a disadvantage.
If someone who has children wants to rent your property
You will not be able to discourage or prevent someone from renting a property because they have anyone under 18 who would live with them or visit the property. Rental discrimination involving children can relate to specific ages, characteristics, or situations—for example, children who are being fostered or children under 10 years old.
You will not be able to stop or take action against a tenant for introducing a new child into their home after they move in. This includes through birth, adoption, fostering, or any other means. This applies even if their tenancy agreement or a superior lease says otherwise.
Exceptions
You may be able to prevent children from living in a property if you can show it is a ‘proportionate means of achieving a legitimate aim’ (PMLA).
This could apply if: the property is shared (such as student housing), allowing children would lead to overcrowding, you must meet licensing conditions or there are safeguarding concerns.
A PMLA must benefit someone other than the landlord. It cannot be used for financial reasons, such as reducing costs.
Anything in a mortgage or superior lease that could be used to discriminate will not be valid unless it meets the criteria for a PMLA.
There may also be an exception if your property has an existing insurance contract that prevents children from living there. The contract must have started before 01 May 2026. Once the contract ends or renews, this exception no longer applies.
If someone who receives benefits wants to rent your property
You will not be able to discourage or prevent someone from renting a property because they receive benefits. You will also not be able to stop someone, or take action against them, for starting to claim benefits at any point during their tenancy. This applies even if their tenancy agreement or a superior lease says otherwise.
Exceptions
There may be an exception if your property has an existing insurance contract that prevents people who receive benefits from living there. The contract must have started before 01 May 2026. Once the contract ends or renews, this exception no longer applies.
There is no exception that allows you to stop people who claim benefits from renting a property on the basis of a PMLA.
If someone reports you for rental discrimination
You will be contacted by your local council, who may serve you with a ‘notice of intent’. This will inform you that they plan to issue a civil penalty for breaching rental discrimination laws. You will have 28 days to reply with evidence showing that your actions were reasonable and that discrimination did not take place. This is called a ‘written representation’.
Evidence may include:
- time‑stamped copies of communications with prospective tenants (texts, voicemails, emails, adverts, property listings)
- legal documents (property deed, insurance contract, licensing conditions)
- other documents (for example, a brochure showing the property is part of a retirement community or student accommodation)
If the council decides that rental discrimination has occurred, you—or anyone acting on your behalf—will receive a civil penalty of up to £7,000. You will be sent a ‘final notice’ stating the amount owed and the payment deadline.
If you want to appeal
If you receive a final notice, you will have 28 days to appeal to the First‑tier Tribunal. The final notice will be paused until the tribunal makes a decision. They may reduce, increase, cancel, or uphold the civil penalty.
Other ways you can be reported
Letting agents must belong to a redress scheme. If someone believes they have been discriminated against by you or your letting agent, they can contact the relevant redress scheme. They may also choose to begin civil proceedings themselves. The local council may share evidence to support this.
Redress schemes and the courts can require you to take corrective action—for example, issuing an apology or paying financial compensation to the person who was discriminated against.
Our advice
Have a written policy in place which you follow for every applicant. The policy should be based on affordability and references. Reminder – SWLA have a tenant referencing service: Tenant Referencing – South West Landlords Association