Government guidance on rental discrimination has been updated as the Renters’ Rights Act rules now apply in England. For landlords, the practical point is straightforward: decisions about enquiries, viewings and tenancies must not make someone less likely to rent a home because they have children or receive benefits.
The landlord-facing GOV.UK guide says rental discrimination can include preventing a person from accessing property information, stopping or making it difficult for them to view a property, or refusing to let them rent because of children or benefits. It also makes clear that the rules cover people acting on a landlord’s behalf, including letting agents, referencing services, friends or family members.
This is a strong candidate for landlord attention because the measures apply from 1 May 2026 and sit alongside the wider changes landlords are already absorbing under the Renters’ Rights Act now being in force. It is not just a tenant-relations issue; it affects adverts, viewing processes, affordability checks, agent instructions, tenancy terms and record-keeping.
What has changed?
The updated government material explains that landlords in England must not do anything that makes a tenant or prospective tenant less likely to rent a property, or prevents them from renting it, because they have children or get benefits. The wider local authority guidance says the measures apply to assured and regulated tenancies from 1 May 2026, whether the tenancy was agreed before or after that date.
It also says discriminatory terms in tenancy agreements, superior leases and mortgage agreements cannot be used to justify discrimination. For insurance contracts, the local authority guidance draws a distinction between existing policies and policies agreed or renewed from 1 May 2026. Landlords should read the official guidance carefully and check the wording of any relevant documents rather than relying on old assumptions about “no DSS” or “no children” restrictions.
The landlord guide says fines can be up to £7,000 for each offence. That makes this an operational compliance issue, not just a wording preference.
What landlords should check first
A useful first step is to look at every place where tenant criteria appear. That may include online adverts, agent templates, viewing scripts, application forms, affordability wording, website FAQs, tenancy clauses, and any informal instructions given to agents or family members who help manage a property.
Blanket statements that exclude people because they receive benefits or have children are high risk. The same applies to processes that appear neutral but are applied differently once a prospective tenant mentions Universal Credit, Child Benefit, Pension Credit or another benefit. The official guidance lists a range of benefits and makes clear that unfair treatment can still count even where the landlord’s belief about the person’s circumstances is wrong.
Landlords using agents should also check who controls each step. If an agent filters enquiries, arranges viewings, handles referencing or drafts tenancy documents, their actions may still create problems for the landlord. Written instructions are safer than informal assumptions, especially where older templates or portal wording may still be in circulation.
Affordability checks are still allowed
The local authority guidance is also useful because it explains what is not automatically unlawful. Landlords can take income into account when considering whether rent is affordable. The important distinction is that the test should be applied consistently and should treat all forms of income fairly.
In practice, that means landlords should avoid using “benefits” as a shortcut for affordability. If there is a set income requirement, it should be the same for all prospective tenants. Benefits, pensions and other income should be considered rather than disregarded simply because of their source. Landlords should also be cautious about unreasonably rejecting evidence of income where a tenant provides it in a different form, such as a benefit letter, bank statement or payslip.
Where several applicants meet the affordability requirements, landlords should not use receipt of benefits or having children as a factor in deciding between them. A clear, consistent and documented selection process will be easier to explain if a complaint is later made.
Children and property suitability
The rules are not identical for every situation involving children. The local authority guidance describes a possible exception where stopping children from living in a property is a proportionate means of achieving a legitimate aim. Examples may include genuinely unsuitable accommodation, overcrowding concerns, retirement housing, student housing or safety issues that cannot readily be mitigated.
This should not be treated as a general permission to prefer adults-only households. The guidance says the aim must be genuine and proportionate, and a financial aim alone is not enough. Landlords who believe a property is unsuitable for children should keep clear evidence and consider whether a narrower or safer alternative would address the concern.
Why records matter
As with other recent reforms, the safest approach is not just to change wording but to keep a record of the decision-making process. Landlords may want to retain copies of adverts, applicant criteria, affordability calculations, agent instructions and reasons for choosing between applicants. These records should be factual and avoid comments that could suggest a protected group was being screened out.
The same discipline is useful across other Renters’ Rights Act changes. Our earlier note on Renters’ Rights penalties guidance covered why councils’ enforcement powers make basic paperwork and process checks more important. This rental discrimination guidance is another reminder that informal habits can become compliance risks once rules are in force.
A practical takeaway
Landlords do not need to panic, but they should not leave this to agents or old templates without checking. Review adverts and application wording, confirm affordability tests are consistent, make sure all income is considered fairly, and remove any blanket exclusions based on children or benefits.
This article is a general editorial update, not legal advice. Landlords dealing with a difficult case, a complaint, a lease restriction, a mortgage clause or an insurance issue should read the official guidance and consider professional advice on their specific position.
