A landlord in England cannot refuse a tenant because they claim benefits. A landlord can refuse a household with children only where refusing is a proportionate means of achieving a legitimate aim, such as an overcrowding limit. The ban has applied to assured tenancies since 1 May 2026, covers agents as well as landlords, and a council can fine up to £7,000 for a breach. A landlord can still turn down an applicant who fails an affordability check applied equally to everyone, with benefit income counted like any other income.
The short version
- The ban took effect on 1 May 2026 (Renters’ Rights Act 2025, sections 33 and 34, brought in by S.I. 2026/421).
- It binds the landlord and anyone acting for them. A wrong belief about the applicant still counts.
- Children: refusal is allowed only where it is a proportionate means of achieving a legitimate aim. Benefits: that exception does not apply. Both have a narrow insurance exception for older contracts.
What do sections 33 and 34 ban?
The prospective landlord, or anyone acting or purporting to act for them, must not do either of two things. The first is to prevent a person from enquiring whether the home is available, getting information about it, viewing it or entering the tenancy, on the basis that the person is or may be a benefits claimant (section 34) or that a child would or may live with or visit them (section 33). The second is to apply a provision, criterion or practice “in order to” make those people less likely to rent.
A child is anyone under 18. GOV.UK lists Universal Credit, Personal Independence Payment, Pension Credit and Child Benefit among the benefits (section 42 sets the legal definition).
A site that does nothing for a property except publish adverts or pass messages is outside the ban. An agent that markets, shows and refers a home for a landlord does more than publish, and the Explanatory Notes’ example has the council acting against the agent, the landlord or both.
What does it look like in a real letting?
| Stage | Treated as discrimination in the guidance |
|---|---|
| Advert | Wording that rules out people on benefits, or children with no valid reason |
| Enquiry | Withholding availability, the vacancy date or details such as size |
| Viewing | Refusing a viewing, or offering unreasonable times |
| Referencing | An affordability check that ignores benefit income |
| Extra hurdles | A guarantor or a higher income requirement, demanded in practice only of claimants |
Can a landlord check affordability for a tenant on benefits?
Section 41 says nothing in the chapter stops anyone taking income into account when judging affordability. GOV.UK’s guidance for councils says a landlord should set one income requirement for all, treat all income, including benefits and pensions, as equal in value, and not unreasonably refuse a bank statement, benefit letter or payslip as evidence. Among applicants who all meet it, benefits and children should play no part.
A guarantor can be required of everyone. Deposits and initial rent are capped for every tenant under the Tenant Fees Act (see our guide). The guidance’s example of a breach is a rent guarantee insurer whose extra demands fall only on benefit claimants.
Right to rent checks remain a duty for every adult who will live in the property as their only or main home, before the tenancy agreement is entered into (the code of practice is in force from 1 October 2026). See our right to rent article and referencing guide.
When can a landlord refuse a household with children?
Only where refusing is a proportionate means of achieving a legitimate aim (section 33(2)). GOV.UK’s council guidance says the aim must be genuine and benefit someone other than the landlord. Its examples include retirement housing, shared student accommodation, danger to children and HMO licence or overcrowding rules. A financial aim alone, such as lower costs, is not legitimate.
The restriction must also be proportionate. GOV.UK’s example is a listed property with a spiral staircase: banning all children was too wide when a 16-year-old could use it safely. The council decides, and the First-tier Tribunal can review it on appeal.
What if the mortgage, lease or insurance says no?
| Restriction in | Effect from 1 May 2026 |
|---|---|
| Tenancy agreement (section 35) | A term banning children or claimants has no effect, subject to the exceptions above |
| Superior lease, such as a freeholder’s (section 36) | A term requiring that ban to be passed on has no effect, same exceptions |
| Mortgage (section 37) | A term requiring that ban has no effect |
| Insurance (section 38) | No effect if the contract was entered into or extended on or after 1 May 2026. An older contract can justify refusal only while it lasts, and only to avoid breaching it |
How does a council fine, and what does it cost?
A council can impose a penalty if satisfied on the balance of probabilities, up to £7,000 (section 40). It can fine again if the conduct continues 28 days after the earlier penalty (or after an appeal ends, if there is one), add a penalty for a repeat breach of the same section within five years, and fine landlord and agent jointly. The statutory civil penalties guidance gives £6,000 as the starting level, which councils must consider.
Schedule 5 sets the process: a notice of intent, 28 days for written representations, a final notice, then 28 days to pay or appeal to the First-tier Tribunal. This example uses invented dates and no appeal.
| Date | Step |
|---|---|
| 2 November 2026 | Notice of intent given |
| 30 November 2026 | Last day for representations (28 days from 3 November) |
| 14 December 2026 | Final notice given |
| 11 January 2027 | Last day to pay or appeal. An advert still live after this date can bring a further penalty |
For a home in the London Borough of Enfield the council is Enfield, whose tenant page lists Renters’ Rights Act breaches among the problems it takes reports on.
How does it sit with the Equality Act 2010?
The Equality Act still applies, and benefit status is not a protected characteristic in its section 19. The Explanatory Notes record that county courts had ruled benefit bans breached it on sex and disability grounds, and that The Property Ombudsman ruled in March 2023 that blanket bans on children breached its Code of Practice because of their effect on women.
A checklist for adverts and viewings
- Remove “no DSS”, “no children” and similar wording from every advert and template, and tell your agent in writing. GOV.UK’s example fines both the landlord and the agent for a “no children” advert.
- Give every enquirer the same information and viewing times.
- Fix one written income requirement before marketing and count all income equally.
- Ask everyone for a guarantor, or no one.
- Before any “no children” decision, record the aim and why a lesser step would not do, and keep the deed, licence condition or insurance contract.
- Check your mortgage, lease and insurance for old bans, and note the insurance renewal date.
- Keep dated listings and time-stamped messages.
What is not settled
- Ministers can exempt more conduct (sections 33(3)(b), 34(3)(b)), extend the ban to other groups (section 39) and raise the £7,000 cap (section 40(10)). A title search of legislation.gov.uk’s 2026 statutory instruments and Parliament’s instruments list on 17 October 2026 found none made.
- The council guidance says a fine can follow where the breach was with the person’s consent or knowledge or due to neglect. The landlord guide says even without consent or knowledge. Section 40 states neither test, so assume you answer for your agent’s adverts.
- We have not reviewed tribunal decisions on borderline practices.
If you are weighing up letting a home in Edmonton or elsewhere in Enfield, ask for a free lettings valuation or get in touch. Our guide to marketing your property covers adverts, and tenants can read your rights.
Questions readers ask
Can a landlord refuse a tenant because they are on Universal Credit?
Not because of the benefit, apart from a narrow insurance exception for older contracts. Section 34 of the Renters’ Rights Act 2025 bans stopping or discouraging someone from renting because they are or may be a benefits claimant. A landlord can still refuse an applicant who fails an affordability test applied to everyone, provided benefit income is counted like any other income.
Is a “no DSS” advert illegal?
It breaches the Act, as a civil breach rather than a criminal offence. The Explanatory Notes use a “No DSS” advert as their example of a breach, and GOV.UK gives an example of a landlord fined for an advert saying they would not rent to people on benefits. A council can act against the landlord, the agent or both, with a fine of up to £7,000.
Can a landlord refuse a family with children?
Not because they have children. A landlord can refuse only if refusing is a proportionate means of achieving a legitimate aim, such as overcrowding limits, HMO licence conditions or housing built for retired people, or if an insurance contract made before 1 May 2026 bans children. The council decides. GOV.UK’s example of an age limit on children with no reason given is discrimination.
Can my landlord’s lender or insurer stop me renting with benefits?
A mortgage term that requires a landlord to ban benefit claimants has no effect, and neither does such a term in an insurance contract made or extended on or after 1 May 2026. GOV.UK says a landlord can rely on an older insurance contract only until it is renewed or ends.
Who do I report rental discrimination to?
GOV.UK tells tenants to contact the council where the property is and to keep time-stamped messages and copies of the advert or listing. Councils can fine up to £7,000. A tenant can instead complain to a letting agent’s redress scheme or take private legal action. Enfield Council’s tenant page lists Renters’ Rights Act breaches among the problems it takes reports on.
Sources
- legislation.gov.uk, Renters’ Rights Act 2025, sections 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 and Schedule 5, read on 17 October 2026.
- legislation.gov.uk, S.I. 2026/421, regulation 3, read on 17 October 2026.
- legislation.gov.uk, Explanatory Notes to the Renters’ Rights Act 2025, commentary on Chapter 3, read on 17 October 2026.
- legislation.gov.uk, Equality Act 2010, section 19, read on 17 October 2026.
- GOV.UK, Rental discrimination: a guide for landlords, published 1 May 2026.
- GOV.UK, Rental discrimination: a guide for tenants, published 7 April 2026.
- GOV.UK, Rental discrimination under the Renters’ Rights Act 2025 (for local authorities), published 13 November 2025, updated 6 May 2026.
- GOV.UK, Civil penalties under the Renters’ Rights Act 2025 and other housing legislation, published 13 November 2025.
- GOV.UK, Right to rent immigration checks: landlords’ code of practice, updated 1 October 2026.
- Enfield Council, Information for tenants, read on 17 October 2026.
