Equality Housing Act: What UK landlords need to know in 2026

As a landlord, choosing the right tenant is one of the most important decisions you will make. You need someone who can afford the rent, look after the property, follow the tenancy agreement, and communicate properly if issues come up.

However, landlords also need to be careful that their decisions are fair, consistent, and legally compliant. Discrimination law applies to many parts of renting, from how you advertise a property to how you communicate with tenants once they have moved in.

In 2026, this is important because landlords need to understand both the long-standing Equality Act 2010 and the newer England-specific rental discrimination rules that came into force on 1 May 2026. (Gov.UK)

Here, we’ll explain what the Equality Act housing means for landlords, how the rules affect tenant selection and tenancy management, and what you can still do when choosing a suitable tenant. 

What does the Equality Act mean for landlords?

The Equality Act 2010 is the main piece of legislation that protects people from discrimination in the UK. In housing, this means landlords, letting agents, property managers, and others involved in renting must not treat someone unfairly because of a protected characteristic.

Protected characteristics include:

• Age
• Disability
• Gender reassignment
• Marriage or civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

For landlords, this means you should not refuse to rent to someone, treat them less favourably, apply different rules, or manage a tenancy unfairly because of one of these characteristics. (Gov.UK)

For example, you should not reject a tenant because they are pregnant, because they have a disability, because of their race or nationality, or because of their religion. You also need to be careful that your policies do not indirectly disadvantage a particular group unless there is a fair and lawful reason for them.

What changed in England on 1 May 2026?

From 1 May 2026, new rental discrimination rules came into force in England under the Renters’ Rights Act 2025. (Gov.UK)

These rules are separate from the wider Equality Act 2010, but they sit alongside it. The main change is that landlords and letting agents in England must not discriminate against potential or existing renters because they have children or because they receive benefits.

This means you cannot use blanket policies such as “no children”, “no DSS”, or “working tenants only”.

The new rules apply to landlords and agents letting out properties on assured and regulated tenancies in England. They also apply to people acting on behalf of landlords, such as letting agents, referencing companies, or even family members helping with the rental process.

This is one of the biggest Equality Act housing updates landlords need to be aware of in 2026, even though the new children and benefits rules technically come from the Renters’ Rights Act rather than the Equality Act itself.

Can landlords still choose who they rent to?

Yes. The law does not mean landlords have to accept every tenant who applies.

Landlords are still allowed to make fair, objective decisions based on whether someone is suitable for the tenancy. You can still look at:

• Affordability
• Income
• Employment status
• Previous landlord references
• Credit history
• Evidence of past rent payments
• Whether the property would be overcrowded
• Whether the applicant can meet the terms of the tenancy agreement

The key is that your criteria should be applied consistently to every applicant. You should not use protected characteristics, benefits status, or whether someone has children as a reason to reject them.

For example, you can reject an applicant if they cannot afford the rent based on a fair affordability assessment. However, you should not reject them simply because part or all of their income comes from benefits.

If you need more guidance, our article on how to reject a tenant explains how to approach tenant refusal carefully and professionally.

Advertising a rental property fairly

Your advert is often the first point of contact with a potential tenant, so it is important to make sure the wording is not discriminatory.

Landlords should avoid phrases such as:

• No DSS
• No benefits
• Professionals only
• No children
• Not suitable for families
• Single occupants only, unless there is a genuine legal or practical reason
• Must be in full-time employment

Instead, your advert should focus on the property itself and the practical requirements of the tenancy, such as the rent amount, deposit requirements, property size and number of bedrooms etc.

Viewings, screening, and referencing

Tenant screening is still an essential part of protecting your property and reducing the risk of problems later in the tenancy. However, landlords should make sure that the screening process is based on relevant information.

You can ask questions about:

• Income and affordability
• Employment or other sources of income
• Previous rental history
• References
• Who will be living in the property
• Whether the applicant can meet the tenancy terms
• Whether they have the right to rent in England

You should avoid questions that are intrusive, irrelevant, or linked to protected characteristics. For example, asking whether someone plans to have children or whether they attend a place of worship could put you at risk of a discrimination claim.

Our guide to questions landlords cannot ask during screening covers this in more detail.

The safest approach is to use the same application process for every applicant. This helps you show that decisions were based on fair and consistent criteria, rather than personal assumptions.

What landlords should avoid during tenant selection

When dealing with applications, landlords should avoid making assumptions based on someone’s background, personal circumstances, or appearance.

You should not:

• Refuse a viewing because someone has children
• Reject someone because they receive benefits
• Apply stricter affordability checks to benefit claimants than to other applicants
• Refuse an applicant because they are pregnant
• Ask disabled applicants for unnecessary medical details
• Treat applicants differently because of their nationality, accent, race, religion, sex, or sexuality
• Make assumptions about whether someone will be a good tenant because of their age
• Reject someone because they need reasonable adjustments

This does not mean you cannot ask practical questions. For example, you can ask how many people will live in the property, whether the applicant can afford the rent, and whether they can provide references.

Disability and reasonable adjustments

Disability is one of the areas where landlords can make mistakes without necessarily intending to discriminate.

Under the Equality Act 2010, landlords may need to make reasonable adjustments for disabled tenants. This could include changing a policy, providing information in a different format, allowing a support worker to communicate on the tenant’s behalf, or considering a request for an adaptation. (Gov.UK)

For example, a disabled tenant may ask for:

• Written communication instead of phone calls
• Extra time to respond to tenancy-related correspondence
• Permission to make a disability-related improvement
• Adjustments to how inspections are arranged
• A reasonable change to a policy that puts them at a disadvantage

What is reasonable will depend on the circumstances. A landlord may not have to agree to every request, but they should consider it properly, communicate clearly, and avoid dismissing it without good reason.

If a tenant asks for adjustments, it is usually best to keep a written record of the request, your response, and the reasons behind your decision. This can help avoid misunderstandings and protect both parties.

You can read more in our guide to landlords’ obligations to disabled tenants.

Day-to-day tenancy management

Discrimination law does not only apply before a tenant moves in. It also applies during the tenancy.

Landlords should make sure that rules are applied consistently once the tenancy has started. This includes how you handle:

• Repairs and maintenance
• Rent arrears
• Complaints
• Inspections
• Requests for adjustments
• Anti-social behaviour concerns
• Communication with tenants
• Renewal or possession decisions

For example, if two tenants are late paying rent, you should not take a harsher approach with one tenant because they receive benefits or because of a protected characteristic.

Similarly, if a tenant with a disability asks for communication in writing, it may be reasonable to adjust how you contact them. Ignoring that request could cause unnecessary problems and may increase the risk of a complaint.

Right to rent checks and discrimination

Landlords in England must carry out the right to rent checks before granting a tenancy. However, these checks must be handled carefully to avoid unlawful discrimination.

The key rule is consistency. You should not only carry out checks on people you assume are from overseas, but you should also not make assumptions based on someone’s name, accent, race, or nationality.

Instead, landlords should carry out the right to rent checks on all adult occupiers in the same way. This helps show that your process is based on legal requirements rather than personal judgment.

The government’s right to rent landlords’ code of practice explains how landlords should conduct checks while avoiding unlawful discrimination. (Gov.UK)

Keeping records can protect landlords

One of the best ways to reduce risk is to keep clear records of your decision-making.

This may include:

• Copies of adverts
• Written tenant selection criteria
• Application forms
• Referencing results
• Affordability calculations
• Notes explaining why an applicant was accepted or rejected
• Copies of correspondence with applicants
• Records of reasonable adjustment requests
• Evidence that right-to-rent checks were carried out consistently

This does not mean creating unnecessary paperwork for every small decision, but landlords should be able to show that they acted fairly if challenged.

A clear paper trail can be especially helpful if an applicant later claims they were refused because of benefits, children, disability, race, pregnancy, or another protected characteristic.

Ask yourself these questions

When thinking about the Equality Act housing rules in 2026, landlords should focus on fairness, consistency, and evidence.

Before advertising, screening, or managing a tenancy, ask yourself:

• Is this policy based on a genuine property or tenancy requirement?
• Am I applying the same criteria to every applicant?
• Could this rule unfairly disadvantage a protected group?
• Have I avoided blanket bans on children or benefit claimants?
• Have I considered reasonable adjustments properly?
• Are right-to-rent checks being completed for every adult occupier in the same way?
• Can I explain and evidence my decision if challenged?

The Equality Act and the newer rental discrimination rules do not stop landlords from protecting their property or choosing suitable tenants. However, they do mean that decisions need to be based on fair, objective reasons.

So, when it comes to the Equality Act housing, the best approach is to keep your processes consistent, avoid assumptions, communicate clearly, and make sure every applicant and tenant is treated fairly.

Are you looking for landlord insurance to help protect your rental property? Be sure to get in touch with our team of specialists for a quote today on 01788 818 670, or you can visit our advice centre for more information on how to manage your rental property.