Rental discrimination rules for England landlords

This guide explains the discrimination law that applies to England landlords when selecting tenants, covering both existing Equality Act 2010 obligations and the additional protections introduced by the Renters’ Rights Act from 1 May 2026. Reviewed March 2026.

What the rule is

Equality Act 2010. Landlords are service providers for the purposes of the Equality Act 2010 and are prohibited from discriminating against prospective tenants on the basis of a protected characteristic. The nine protected characteristics are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership (limited application in housing)
• Pregnancy and maternity
• Race (including colour, nationality, ethnic or national origin)
• Religion or belief
• Sex
• Sexual orientation

Discrimination can be direct (treating someone less favourably because of a characteristic), indirect (applying a policy that puts people sharing a characteristic at a disadvantage without justification), or by way of harassment or victimisation.

Renters’ Rights Act 2025. From 1 May 2026, the Act creates two additional protections that go beyond the Equality Act:

1. It is explicitly unlawful to refuse to let to a person because they receive housing benefit or Universal Credit (or any other benefit)
2. It is explicitly unlawful to refuse to let to a person because they have dependent children

These protections complement, rather than replace, the Equality Act.

When it applies

Discrimination law applies at every stage of the letting process — advertising, viewings, referencing, tenant selection, and the ongoing management of the tenancy. Landlords cannot lawfully:

• Advertise with “no DSS” or “no benefit claimants” or “no children” wording
• Refuse to offer a viewing because of an applicant’s protected characteristic
• Apply referencing criteria that screen out a protected group without objective justification
• Offer less favourable terms (higher rent, shorter tenancy) because of a protected characteristic
• Evict or harass a tenant for reasons connected to a protected characteristic

What changed on 1 May 2026

Prior to the Renters’ Rights Act, refusing to let to benefit claimants or families with children was not explicitly prohibited by statute. Courts had found in some cases that “no DSS” policies amounted to indirect sex or race discrimination (because women and certain ethnic groups are disproportionately reliant on housing benefit), but the legal position required a case-by-case analysis.

From 1 May 2026:

• Refusing to let to a benefit claimant is a standalone civil offence under the RRA, enforceable by local housing authorities
• Refusing to let to a family with dependent children is a standalone civil offence
• Local authorities can issue civil penalties and the breach can be recorded on the Private Rented Sector Database
• Landlords cannot include clauses in tenancy agreements that restrict occupation to non-benefit-claimants or those without children

What landlords must do

• Remove any advertising language or application criteria that references benefits status, children, protected characteristics, or any other potentially discriminatory criterion
• Review any tenant referencing questionnaire or third-party referencing service to ensure questions about benefits or children are removed
• Apply referencing criteria that are objectively justifiable — credit history, employment status, income relative to rent, previous landlord references — and apply them consistently to all applicants
• Keep records of the referencing decisions made for each applicant, so you can demonstrate that the selection was based on objective criteria

What evidence to keep

• Copies of all advertisements, showing no discriminatory language
• Records of all viewings offered and to whom
• Referencing criteria applied consistently across all applicants
• Decision records explaining why an application was accepted or declined (based on objective criteria only)
• Written referencing reports from any third-party referencing agency

Common mistakes

Using a standard referencing service that screens out benefit claimants. Some referencing services historically applied blanket income ratios that disadvantaged benefit claimants. Landlords who use these services remain responsible for the discriminatory effect.

Including “professionals only” in advertising. This is not automatically unlawful, but where it has the effect of excluding applicants by reason of a protected characteristic (such as disability or age), it can amount to indirect discrimination.

Refusing an application without keeping a record. Landlords who cannot explain why they declined an applicant are vulnerable to discrimination claims. Always record objective reasons.

Treating an overseas applicant differently in referencing. Whilst Right to Rent checks require verification of immigration status, landlords must not apply stricter referencing standards to applicants from particular national or ethnic backgrounds.

Assuming a mortgage condition protects you. Some mortgage lenders restrict lettings to benefit claimants. This does not provide a lawful justification for discriminating. Landlords with such mortgage conditions should seek legal advice — lender restrictions do not override discrimination law.

FAQ

Can I refuse to let to someone who cannot pass a credit check? Yes — provided the credit check criteria are applied consistently to all applicants and are proportionate to the tenancy requirements. A credit check is a legitimate referencing tool; refusing someone solely because they are on benefits (without conducting a credit check) is not.

Can I set an income requirement of 2.5 times the monthly rent? Applying an income ratio test is not automatically unlawful, but you must take into account all reliable sources of income, including benefits, Universal Credit, and guaranteed income from other sources. Excluding benefits from the income calculation has the effect of discriminating against benefit claimants.

What if my lender says I cannot rent to benefit claimants? Some buy-to-let mortgage conditions have historically included such restrictions. These restrictions do not provide a defence to a discrimination claim. Lenders have increasingly removed such conditions. Speak to your lender and, if the condition remains, seek specialist legal advice.

Can I ask applicants whether they have children? You should not ask questions about children as part of the referencing process, as using that information to decline an application would be unlawful from 1 May 2026. Apply your selection criteria equally to all applicants.

What is the difference between the Equality Act and the Renters’ Rights Act protections? The Equality Act covers the nine statutory protected characteristics. A claim under the Equality Act is typically brought by the affected individual in the county court. The Renters’ Rights Act creates new statutory prohibitions specifically targeting benefit claimant and family status, enforced by local housing authorities.

Do these rules apply if I let through an agent? Yes. You are responsible for your agent’s actions on your behalf. If an agent discriminates in the course of letting your property, you can be held liable as well as the agent.