News from 7 May 2026
Read the current guide to tenancy rules in England.
Updated government guidance explains England’s rules against making it harder for someone to rent because they receive benefits or have children. The rules cover landlords and people acting on their behalf, including letting and referencing agents.
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.
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.
