Discrimination Rules — Children & Benefits
From 1 May 2026, it is unlawful to refuse tenants simply because they receive benefits or have children. Applications must be assessed individually, not by blanket policy.
Book a Rental ValuationWhat the New Rules Say
From 1 May 2026, landlords and agents cannot refuse tenants simply because they receive housing benefit or other benefits, or because they have children.
Each application must be assessed on its individual merits. Blanket policies — such as 'no DSS' or 'no children' — are unlawful under the Renters' Rights Act.
This builds on existing case law that has already found some blanket 'no DSS' policies to be unlawful under the Equality Act 2010. The Renters' Rights Act goes further by explicitly prohibiting discrimination on these grounds in the letting process.
Landlords can still carry out affordability and referencing checks — but these must be applied consistently to all applicants, not used as a pretext to screen out benefit recipients or families with children.
Compliance Tip
Review Your Marketing & Screening Now
Review marketing language, application forms and internal screening criteria now. Any wording that could be interpreted as a blanket ban on benefits or children should be removed before 1 May 2026.
- Remove "no DSS" or "no benefits" from listings
- Remove "no children" or "professionals only" from listings
- Ensure referencing criteria are applied consistently
- Document your decision-making process for each application
What Landlords Can Still Do
The new rules do not prevent landlords from carrying out proper referencing and affordability checks. Landlords can still:
Carry Out Referencing
Landlords can still require references and carry out credit checks. These must be applied consistently to all applicants — not used as a pretext to screen out benefit recipients.
Apply Affordability Criteria
Landlords can still apply affordability criteria — for example, requiring that rent does not exceed a certain proportion of income. These must be applied consistently and not used to discriminate.
Verify Right to Rent
Landlords must still carry out Right to Rent checks on all adult occupants. This obligation is unchanged by the Renters' Rights Act.
Assess Applications Individually
Landlords can still decline an application — but the decision must be based on the individual's circumstances, not their benefit status or family composition.
How Managed Lettings Helps
Compliant tenant selection from the start
Our managed lettings service handles marketing, advertising and tenant selection in full compliance with the new discrimination rules. We ensure all applications are assessed individually and consistently, with clear documentation of decision-making at every stage.
View managed lettingsFrequently Asked Questions
What are the penalties for discriminating against benefit recipients?
Landlords who discriminate against tenants on the basis of benefit status or family composition may face enforcement action by local authorities, financial penalties, and potential claims under the Equality Act 2010. The Renters' Rights Act strengthens the existing legal framework.
Can I still use a letting agent who has a no-DSS policy?
No. Landlords are responsible for ensuring their letting agent complies with the new rules. If your agent applies a blanket no-DSS policy, you should instruct them to change their approach. Landlords cannot avoid liability by delegating to an agent.
Does this apply to existing tenancies?
The discrimination rules apply to the letting process — marketing, advertising and tenant selection. They do not retrospectively affect existing tenancies. However, landlords should ensure their processes are updated before any new lettings from 1 May 2026.
Can I still ask about income and employment?
Yes. Landlords can ask about income and employment as part of affordability checks. The key is that these checks must be applied consistently to all applicants and must not be used as a pretext to screen out benefit recipients or families with children.
Book a Rental Valuation
Tell us about your property and we will explain how our managed service ensures compliant tenant selection under the new rules.
Prefer to call? 01244 757352