Anti-Discrimination Rules for Landlords: Children and Benefits

What the Law Now Says

Since 1 May 2026, it is unlawful for landlords and letting agents to discriminate against prospective or existing tenants because they have children or receive housing-related benefits (including Universal Credit, Housing Benefit, or Local Housing Allowance).

This goes beyond the existing Equality Act protections. Previously, “no DSS” or “no children” policies were frowned upon and had been challenged in court, but there was no specific statutory prohibition. Now there is.

What Counts as Discrimination

The Act prohibits discrimination at every stage of the lettings process:

• Advertising: You cannot state “no children”, “no DSS”, “no benefits”, “professionals only” (where this is code for excluding families), or similar in property listings
• Viewings: You cannot refuse to allow viewings based on whether the prospective tenant has children or receives benefits
• Withholding information: You cannot provide less information to applicants because of their family status or income source
• Refusing a tenancy: You cannot refuse to grant a tenancy on these grounds
• Terms of tenancy: You cannot offer less favourable terms because of children or benefits

What You Can Still Do

The anti-discrimination rules do not prevent legitimate tenant assessment. You can still:

• Assess affordability: You can evaluate whether a tenant can afford the rent, regardless of income source. A tenant on benefits whose income covers the rent should be assessed the same as any other tenant.
• Request references: You can ask for landlord references, employment references (where applicable), and credit checks for all applicants equally.
• Consider property suitability: If a property is genuinely unsuitable (e.g. a one-bedroom flat for a family of five), you can raise this — but the concern must be about overcrowding regulations, not about having children per se.
• Apply consistent criteria: You can set objective criteria (minimum income-to-rent ratio, satisfactory credit check, positive references) as long as they apply equally to all applicants.

Common Scenarios

A tenant on Universal Credit applies for your property. You must assess them on the same basis as any other applicant. If their UC payments plus any other income meet your affordability criteria, you cannot refuse them solely because they receive benefits.

A family with three children wants to rent your two-bedroom flat. You can consider whether the property meets occupancy standards — but this is about overcrowding regulations, not a blanket “no children” policy. A family of two adults and one child in a two-bedroom flat is perfectly standard.

Your mortgage lender has a “no DSS” clause. Some older buy-to-let mortgages include restrictions on benefit-receiving tenants. These clauses are increasingly being removed by lenders, and they do not override the law. You are still legally obligated not to discriminate. If your mortgage terms create a conflict, discuss this with your lender.

Your insurance policy excludes benefit tenants. As with mortgage clauses, insurance terms do not override the law. Many insurers have updated their policies. Check with your provider.

Penalties

Breaching the anti-discrimination provisions can result in civil penalties of up to £40,000 imposed by local councils. Tenants may also be able to bring claims for compensation.

Letting agents are subject to the same rules. If your agent discriminates on your behalf, both you and the agent may face penalties.

What to Do Now

• Review your advertising: Remove any language that could be interpreted as excluding families or benefit recipients
• Update your criteria: Ensure your tenant selection criteria are objective, applied equally, and don't indirectly discriminate
• Brief your agents: If you use a letting agent, confirm they understand the new rules and have updated their processes
• Check your mortgage and insurance: Contact your lender and insurer to update any restrictive clauses
• Document your decisions: Keep records of why you accepted or rejected applicants, based on objective criteria. This protects you against claims of discrimination.