Your guide to rental discrimination laws

Choosing the right tenant is an important part of being a landlord. You can check affordability, request references and consider whether a property is genuinely suitable for an applicant, but the criteria you use need to be fair and consistently applied.

Rental discrimination laws are designed to prevent people from being unfairly disadvantaged because of certain personal characteristics or circumstances. Alongside the Equality Act 2010, landlords in England also need to be aware of new rules introduced on 1 May 2026 protecting people who receive benefits or have children. Gov.UK

This guide explains what those rules mean in practice and how you can continue to make sensible decisions when letting and managing your property.

What does rental discrimination mean?

Rental discrimination can happen before a tenancy begins or while somebody is already living in your property.

It could include treating someone unfairly when they:

• ask for information about a property
• arrange a viewing
• apply for a tenancy
• are offered tenancy terms
• are already renting from you

Discrimination can be direct, where somebody is treated less favourably because of a protected characteristic, or indirect, where a rule that appears to apply to everyone puts a particular group at an unfair disadvantage and cannot be objectively justified. 

For landlords, the practical point is that decisions should be based on relevant factors such as affordability, references and legitimate property requirements rather than assumptions about the type of person applying.

What does the Equality Act mean for landlords?

The Equality Act 2010 already protects people against unlawful discrimination in areas including housing.

For landlords, this means you must take care not to treat somebody unfairly because of characteristics protected by the Act, which include areas such as race, disability, sex, religion or belief, sexual orientation, gender reassignment, and pregnancy and maternity. (Gov.UK)

The rules can affect both the way you choose a tenant and how you treat them once they have moved in. For example, refusing an applicant because of their race or treating an existing tenant less favourably because of a disability could potentially amount to unlawful discrimination.

Not every rejected application is discriminatory. You can still assess whether somebody meets reasonable and relevant requirements for the tenancy, provided those requirements are lawful and applied fairly.

What changed for landlords on 1 May 2026?

Alongside existing equality law, new rental discrimination laws came into effect in England on 1 May 2026 under the Renters’ Rights Act 2025.

These rules specifically protect prospective and existing tenants from being unfairly treated because they:

• receive benefits; or
• have a child under 18 who will live at or visit the property.

The rules apply to assured and regulated tenancies in England, including relevant tenancies that were already in place before 1 May 2026. They can also apply to people acting on a landlord’s behalf, including letting agents and referencing services. GOV.UK

This means you should not prevent somebody from accessing information, viewing a property or entering into a tenancy simply because they receive benefits or have children.

It also means that old wording in a mortgage or superior lease cannot generally be relied upon to justify this type of discrimination. Restrictions in insurance contracts entered into or renewed from 1 May 2026 are also ineffective for this purpose. GOV.UK

Can landlords still carry out affordability checks?

Yes. The new rules do not prevent landlords from checking whether an applicant can genuinely afford the rent.

You can set a reasonable income requirement and decline an application where the applicant cannot demonstrate that they meet it. However, you should use the same affordability requirement for applicants and consider all relevant forms of income.

In particular, benefit income should not simply be ignored because it comes from the state rather than employment. GOV.UK guidance says landlords should treat all forms of income equally when applying an affordability test. GOV.UK

If several applicants all meet your affordability criteria, whether somebody receives benefits or has children should not then be used to decide between them.

Affordability is only one part of tenant screening. It is also worth understanding the questions landlords cannot ask during tenant screening so you can build a consistent application process from the start.

Can landlords refuse tenants with children?

A blanket “no children” policy should not be used simply because you would prefer to let to adults.

However, there can be situations where a property is genuinely unsuitable for children. GOV.UK gives examples including overcrowding, particular licensing requirements, safeguarding concerns or some types of shared accommodation. GOV.UK

In these circumstances, you would need to be able to show that the restriction is a proportionate means of achieving a legitimate aim. In simple terms, there should be a genuine reason for the restriction, and it should go no further than necessary.

For example, a property being too small for the proposed household is very different from automatically refusing every applicant who has a child.

There is no equivalent general exception allowing landlords to exclude benefit recipients simply because they would prefer not to let them. GOV.UK

Can a rental property advert be discriminatory?

Yes. Discrimination can happen before you have even spoken to an applicant.

Wording such as “no benefits” or a blanket “no children” rule can put landlords at risk under the newer English rules. Other advertising that unlawfully excludes applicants because of a protected characteristic can also be problematic under wider equality law.

A safer approach is to focus the advert on the property and genuine tenancy requirements rather than describing the type of person you would prefer.

For example, rather than excluding particular groups, clearly state the rent, property size, occupancy limits and any reasonable affordability criteria.

How can landlords carry out Right to Rent checks fairly?

Right to Rent applies in England and requires landlords to check relevant adult occupiers before a tenancy begins.

However, the requirement to perform a check does not give you a reason to make assumptions about who needs one based on their name, accent, nationality, appearance or perceived immigration status.

When you conduct Right to Rent checks, use a consistent process for prospective adult occupiers.

The official GOV.UK code on avoiding discrimination during Right to Rent checks reinforces the importance of treating prospective tenants fairly rather than checking only those you believe may be migrants.

There is also an updated statutory code that comes into force on 1 October 2026, with strengthened guidance on digital checks, eVisas and treating people equally regardless of how they evidence their right to rent. GOV.UK

Can discrimination happen during an existing tenancy?

Yes. Your responsibilities do not end once an applicant becomes a tenant.

For example, a tenant should not be treated less favourably simply because they start receiving benefits after moving in or because a child joins the household through birth, adoption or fostering.

The English rules introduced in May 2026 specifically cover changes in circumstances during an existing tenancy as well as the initial letting process.

Wider Equality Act responsibilities can also continue to apply throughout the landlord and tenant relationship.

How can landlords reduce the risk of discrimination?

A simple, consistent process can make tenant selection easier while reducing the risk of unintentionally applying different standards to different people.

Try to:

1. Set objective screening and affordability criteria before applications are assessed.
2. Apply those criteria consistently to applicants.
3. Consider benefits alongside other sources of income.
4. Avoid blanket “no benefits” or “no children” policies.
5. Keep basic records showing why an application was accepted or rejected.
6. Check property adverts and any instructions you give to letting agents.
7. Carry out Right to Rent checks consistently.
8. Review old mortgage, lease and insurance conditions rather than assuming historic restrictions can still be relied upon.

This gives you a clearer basis for explaining your decision if questions are raised later.

What happens if a landlord discriminates?

For breaches of the new England-specific rules relating to children and benefits, local councils can issue financial penalties of up to £7,000 per offence. A landlord and somebody acting on their behalf can both potentially be liable.

Repeated or continuing breaches can result in further penalties.

This is separate from unlawful discrimination under the Equality Act, where an affected person may be able to pursue a civil claim.

The best approach is therefore to make decisions using clear, relevant criteria and keep evidence of how those criteria were applied.

Keeping your tenant selection process fair

Rental discrimination laws do not prevent you from choosing between prospective tenants or checking whether somebody can afford your property. The key is to base your decisions on relevant, objective criteria and apply them consistently.

Taking a little time to review your adverts, referencing process and tenancy procedures can help you stay compliant while still making sensible decisions about who rents your property.

Staying on top of changing rental rules is one part of protecting your investment. Having suitable landlord insurance in place is another.

CIA Landlord Insurance compares cover from a range of insurers to help landlords find protection that suits their property and tenancy. You can get a landlord insurance quote online or call the team on 01788 818 670 to discuss your requirements.