Can landlords still refuse benefit claimants or families with children?
Since 1 May 2026, landlords and letting agents in England cannot refuse to let to someone, or put them at a disadvantage, because they receive benefits or have children living with them. "No DSS" and "no children" adverts are banned, and terms in mortgages or insurance that would require such refusals no longer bind landlords.
Read more in our guide: Selling a portfolio with tenants
The rules at a glance
| Point | Position |
|---|---|
| Covered | Benefit claimants and households with children |
| Applies to | Landlords, letting agents and advertisers |
| Banned | Refusing, discouraging or offering worse terms |
| Mortgage and insurance terms | Clauses requiring refusal are unenforceable |
| Still allowed | Affordability checks applied to everyone |
| Penalty | Civil penalty up to £7,000, more for repeat breaches |
What changed
Courts had already found blanket "No DSS" policies indirectly discriminatory. The Renters' Rights Act 2025 made the ban explicit and extended it to families with children. It covers adverts, viewings, applications and the terms offered.
What landlords can still do
- Check affordability and references, applied in the same way to every applicant.
- Ask for a guarantor where the same test would apply to anyone.
- Follow HMO licence limits on numbers of occupiers.
- Take into account a genuine restriction such as a superior lease, in limited cases set out in the rules.
Enforcement
Councils can issue civil penalties for breaches. Repeat or continuing breaches carry higher penalties. Agents are liable for their own conduct, so landlords should make sure their agent's adverts and screening comply.
Effect on a sale
Tenanted property let to benefit claimants or families is sold in the same way as any tenanted sale. Buyers look at rent payment history and affordability rather than the source of income, and many investors buy portfolios let to housing benefit and Universal Credit tenants.
Official Sources and Further Reading
- GOV.UK: Renters' Rights Act overview for landlords
- GOV.UK: Renters' Rights Act 2025 guide for landlords
General information for landlords in England, checked against official sources in October 2026. It is not tax, legal or financial advice: speak to a qualified accountant or solicitor about your own circumstances.
Frequently Asked Questions
Since 1 May 2026, landlords and letting agents in England cannot refuse to let to someone, or put them at a disadvantage, because they receive benefits or have children living with them. "No DSS" and "no children" adverts are banned, and terms in mortgages or insurance that would require such refusals no longer bind landlords.
Yes, if your affordability test is fair and applied consistently to all applicants, whatever their income source.
No. Terms requiring landlords to refuse benefit claimants or families are now unenforceable.
The rules are aimed at assured tenancies. Lodger arrangements in your own home are treated differently.
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