Discrimination, benefits, and children — Renters' Rights Act rules

The Renters’ Rights Act strengthens protections against discriminatory letting practices in England. From 1 May 2026, landlords and agents cannot refuse prospective tenants solely because they receive benefits or have children. Blanket exclusion policies — including “No DSS” — are unlawful. This guide explains what the law requires and how to let lawfully. Reviewed March 2026.

What the rule is

The Renters’ Rights Act adds specific protections against discrimination in the private rented sector in England. From 1 May 2026, it is unlawful for a landlord or letting agent to:

• Refuse to rent to someone solely because they receive housing benefit or Universal Credit (UC)
• Advertise or enforce a blanket policy excluding tenants on benefits (“No DSS”, “No housing benefit”, “working tenants only”)
• Refuse to rent to someone solely because they have children or are pregnant
• Include discriminatory restrictions in tenancy listing requirements

These protections sit alongside the existing Equality Act 2010, which prohibits discrimination on protected characteristics including sex, race, disability, and religion. The RRA specifically addresses benefit status and family status in the letting context.

When it applies

• From 1 May 2026 for all new tenancy negotiations, listings, and advertising
• Applies to landlords letting directly and to letting agents
• Covers the advertising stage (listing wording), referencing stage, and the decision to accept or reject an applicant

What landlords must do

• Remove any “No DSS”, “No housing benefit”, or “working tenants only” requirements from listings
• Assess each applicant on their individual circumstances, not blanket category exclusions
• Apply referencing and affordability checks consistently to all applicants
• If using a letting agent, ensure their listings and referencing criteria comply

What you can still do

• Set legitimate affordability criteria (e.g. income must be a certain multiple of rent) — provided these apply equally and do not disproportionately screen out benefit recipients
• Use affordability checks that account for total income including benefit income
• Refuse an individual applicant based on referencing outcomes (credit, references, arrears history) — so long as this is applied consistently and not as a proxy for discriminatory reasons
• Decline where a mortgage lender or insurer prohibits letting to benefit recipients — though this is a narrow exception and you should take legal advice

Common mistakes

• Keeping legacy listing restrictions — any listing or template containing “No DSS” or similar must be updated before 1 May 2026
• Applying income multiples only to employment income — an affordability multiple that excludes benefit income is indirectly discriminatory
• Treating guarantor requirements differently — requiring a guarantor from benefit recipients but not employed tenants may also breach the rules
• Assuming mortgage or insurance restrictions are a blanket defence — this exception is narrow; many lenders have already removed such restrictions

FAQ

Were “No DSS” policies already illegal before the Renters’ Rights Act? Courts found that blanket “No DSS” policies were indirectly discriminatory under the Equality Act in several cases. The Renters’ Rights Act makes the prohibition explicit in statute for the lettings context.

Can I refuse if I genuinely can’t afford the risk of rent arrears? You can apply legitimate affordability criteria consistently. But you cannot use blanket category exclusions as a proxy for this concern. Each applicant must be assessed individually.

Does refusing families with children mean I must accept any tenant? No. You can refuse for legitimate referencing reasons. The rule prevents refusing solely on the basis that someone has children — not all refusals of tenants with children are unlawful.

What if my insurer or mortgage lender says no DSS? Some insurers and lenders historically included such restrictions. Many have removed them. You should seek updated guidance from your insurer and lender. Relying on a lender restriction may be a defence in some cases but should not be assumed.

Who enforces this? Local housing authorities and, where relevant, the Equality and Human Rights Commission. Tenants may also bring Equality Act claims in the civil courts.