Renting to families with children — Landlord rules

Refusing to rent to families with children is a form of unlawful discrimination in England. From 1 May 2026, the Renters’ Rights Act makes this explicitly unlawful and enforceable by local authorities. Even before that date, blanket “no children” policies risk breaching the Equality Act 2010. Reviewed March 2026.

What the rule is

Under the Equality Act 2010, sex and pregnancy/maternity are protected characteristics. A “no children” policy can amount to indirect sex discrimination because it disproportionately affects women. Courts have found blanket refusals to be unlawful on this basis.

From 1 May 2026, the Renters’ Rights Act goes further: it will be explicitly unlawful to refuse to let a property to a tenant because they have or are expecting a child, without objective justification. This makes the rule clearer and provides local authorities with new enforcement powers.

When it applies

• Any time a landlord or agent declines an applicant because they have children
• Any tenancy agreement clause that prohibits children or makes the tenancy conditional on having no children
• Marketing materials that explicitly state “no children” or equivalent

What landlords must do

• Do not refuse applicants simply because they have children
• Do not include “no children” clauses in tenancy agreements
• Assess all applicants on standard referencing criteria (income, credit history, references)
• If a property genuinely has safety features that make it unsuitable for young children (e.g. an open mezzanine with no guard), document the objective safety reason rather than imposing a blanket ban
• Review existing tenancy agreements and advertising practices to ensure compliance

What evidence to keep

• Records of all applications received and the objective reasons for any refusal
• Referencing criteria applied consistently to all applicants
• Any correspondence about property suitability where children were a factor

Common mistakes

• Including “no children” in the property listing — this is advertising discrimination and is unlawful
• Assuming a lease restriction covers it — even if your head lease has a no-children clause, you may still be liable; seek legal advice
• Treating families as higher-risk without evidence — applying informal policies of discouraging families is still discriminatory
• Not training letting agents — if an agent refuses a family on your behalf, you can still be liable

What changed on 1 May 2026

The Renters’ Rights Act makes it explicitly unlawful to include a “no children” condition in a tenancy, to refuse to grant or renew a tenancy because of children, or to advertise a property with such a condition. Local authorities can impose civil penalties for breaches.

FAQ

Can I refuse a family if my property is genuinely unsuitable for children? You may be able to decline if you can objectively demonstrate the property is unsuitable (e.g. genuine structural safety issues), but you cannot use this as a blanket excuse. Take legal advice before refusing.

Do I have to accommodate modifications for families with children? There is no general requirement to make physical modifications for families, but you cannot refuse to let on the basis of having children.

What if my insurance or mortgage prohibits families? This does not give you a defence to a discrimination claim. You should review your insurance and mortgage terms and seek appropriate products.

Can I ask whether applicants have children during referencing? You can ask questions relevant to household size and overcrowding, but using the answers to refuse applicants because of children is discriminatory.