Fair Access for All: Anti-Discrimination in Lettings

The Renters’ Rights Act strengthens fairness in the private rented sector by outlawing discrimination against prospective tenants with children or those receiving benefits. This marks a major step towards equality in housing, ensuring that decisions are based on affordability and suitability, not family status or income source.

• Discrimination banned:

  It is now unlawful for landlords or letting agents to refuse, discourage, or disadvantage potential tenants because:

  • They have, or may have, children living with them or visiting regularly.

  • They receive, or may receive, benefits such as Universal Credit or Housing Benefit. 

• Covers both direct and indirect discrimination:

  This includes not only “No DSS” adverts but also practices that indirectly exclude tenants, for example, demanding higher deposits or rent in advance that wouldn’t be required from other applicants. 

• Affordability checks still allowed:

  Landlords can still assess affordability and suitability for a tenancy, provided these checks are applied consistently and objectively. 

• Limited exemptions:

  In rare cases, refusal may be lawful if it’s a proportionate means of achieving a legitimate aim. For instance, refusing children in a one-bedroom flat where adding another occupant would breach overcrowding standards. 

• Invalid contract terms:

  Any new mortgage, lease, or insurance terms that restrict letting to tenants with children or benefit recipients are void and unenforceable. 

This reform ensures that every applicant is considered fairly and that access to housing is not restricted by outdated stereotypes.

For landlords and agents, it provides clarity:

• Equal treatment is now a legal obligation, not just best practice.

• Transparency in referencing and decision-making will reduce the risk of complaints, penalties, or reputational harm.

For tenants, the change means that they can apply for a home without fear of being excluded due to their circumstances.

• Remove any “No DSS” or “No children” language from advertisements and marketing materials.

• Apply consistent referencing criteria to all applicants, focusing solely on affordability and suitability.

• Keep written records explaining decisions to accept or decline an applicant.

• Review and update all policies, tenancy application forms, and staff training to ensure compliance.

• If an insurance or mortgage policy includes discriminatory clauses, update or replace it at renewal, these restrictions are now legally ineffective. 

• Civil penalties:

  Local councils can issue fines of up to £7,000 for breaches, with higher penalties for repeat offences. 

• Multiple liability:

  Both landlords and agents can be jointly liable for discriminatory conduct.

• Tenant recourse:

  Tenants can make complaints to the council or through a redress scheme if they believe they have been treated unfairly.

1. Can landlords refuse a tenant on benefits if rent exceeds what benefits cover?

Yes, landlords can still assess affordability. The refusal must be based on genuine financial grounds, not the tenant’s benefits status. 

2. What if my insurer or mortgage provider prohibits letting to tenants on benefits?

Existing contracts remain valid until renewal, but any new terms after the law’s commencement will have no legal effect. 

3. Are there any exceptions to the rule against discrimination?

Only where refusal is a proportionate and legitimate response, for example, preventing statutory overcrowding or complying with specific safety requirements.

4. What are the penalties for breach?

Local authorities can issue fines up to £7,000 per offence, with higher penalties for repeat or ongoing discrimination.

5. Can landlords still check employment status?

Yes. Employment details can still be part of affordability checks, provided all tenants are assessed equally.

The Renters’ Rights Act brings fairness to the forefront of the lettings process. Landlords and agents must treat all applicants equally, basing decisions solely on financial and practical criteria.

By adopting transparent and consistent processes, property professionals can ensure compliance, and demonstrate their commitment to equality and professionalism within the private rented sector.