The Government has published new guidance on rental discrimination under the Renters’ Rights Act 2025, introducing important protections for tenants and new compliance responsibilities for landlords and letting agents.
From 1 May 2026, it is unlawful for landlords or agents to discriminate against prospective or existing tenants because they:
- Receive benefits
- Have children
The guidance confirms that practices such as “No DSS”, “No Benefits”, or blanket “No Children” policies are prohibited in most circumstances. This applies not only to landlords, but also to anyone acting on their behalf, including letting agents and referencing providers.
Key points from the update include:
- Local authorities can issue fines of up to £7,000 for breaches, with additional penalties for continued non-compliance.
- Mortgage, lease, and insurance clauses that restrict tenants with children or those receiving benefits are now largely unenforceable.
- Landlords may still carry out affordability checks, but all forms of income — including benefits and pensions — must be considered equally.
- Limited exemptions may apply where restrictions on children are a proportionate means of achieving a legitimate aim, such as specialist retirement housing or genuine safety concerns.
This forms part of the wider Renters’ Rights Act reforms aimed at improving fairness and transparency across the private rented sector.
We strongly encourage all members to review their advertising practices, referencing criteria, tenancy processes, and policy wording to ensure compliance with the updated legislation.
You can read the full Government guidance here:
If you have any questions or would like support reviewing your processes, please contact the EMPO team.