If someone reports you for rental discrimination  

This guide will explain what happens if a landlord is reported for discriminating against a person who is on benefits or who has children.

The Renters’ Rights Act will change laws about renting and this guidance has been published to help private rented sector landlords and agents prepare. The new rules will apply on and from 1 May 2026.

You will be contacted by your local council who may serve you a ‘notice of intent’. This will tell you that they plan to issue you with a civil penalty for breaking (or ‘breaching’) rental discrimination laws.   

You will have 28 days to reply with evidence that shows that the actions you took were reasonable and that discrimination has not taken place. This is called a ‘written representation’.  

Evidence will include:  

  • time-stamped copies of communications with the prospective tenants - for example, text messages, voicemail messages, emails, copies of adverts or property listings  

  • legal documents - for example, the property deed, insurance contract or statement of licensing conditions  

  • other documents - for example, a brochure showing that the property is part of a retirement community or student accommodation  

If your local council decides that rental discrimination has happened, you or anyone acting on your behalf will be given a civil penalty of up to £7,000. You’ll be sent a ‘final notice’ which will tell you what you owe and when you have to pay it.   

You could still be issued with a civil penalty if the breach was either:   

  • committed without your consent or knowledge   

  • because of your neglect   

Example  

A landlord asks a letting agent to put up an advert for a property specifically stating no children are allowed.   

Someone reports this to the local council. The council agrees that it is discrimination. The landlord is given a civil penalty of £5,000.

If you are reported again  

You could be fined for a ‘continuous breach’ or a ‘repeated breach’.   

Continuous breaches  

A ‘continuous breach’ will mean you have not resolved an issue more than 28 days after being issued with a civil penalty for it. For example, you have not taken down an advert that was reported.   

If your local council agrees that a ‘continuous breach’ of rental discrimination has happened, they can issue you with another civil penalty every 28 days.   

Example   

A landlord posts an advert saying they will not rent a property to people on benefits. This is reported to the local council and they are issued with a civil penalty of £5,000 for discrimination.   

The advert was still online 28 days later, so the council issued a civil penalty for a further £6,000 for a ‘continuous breach’. The landlord then took the advert down.

Repeated breaches  

A ‘repeated breach’ will mean you have committed the same breach within 5 years, but on separate occasions.   

If you are issued with a civil penalty for a ‘repeated breach’, you will have to pay:   

  • up to £7,000 for the new breach  

  • up to a further £7,000 because you repeated the same type of breach within 5 years      

Example 


14 months after being issued with a civil penalty for discrimination, a landlord posts a new advert saying they will not rent a property to people on benefits. This is reported to the local council.  

This time, the landlord is issued with a civil penalty for a total of £12,000. This includes £5,000 for discrimination and a further £7,000 for repeating the breach within five years of the first breach. This is a ‘repeated breach’.   

The landlord removes the new advert within 28 days, so they avoid a ‘continuous breach’ penalty.

If you want to appeal  

If your local council issues you with a final notice, you will have 28 days to appeal. You will be able to appeal to the First-Tier Tribunal.  

The final notice will be put on hold until the tribunal makes a decision. They may decide to reduce, increase, cancel or uphold the civil penalty.  

Other ways you can be reported  

Letting agents must belong to a letting agent redress scheme.  

If someone thinks they have been discriminated against by you or your letting agent, they will be able to contact the redress scheme the letting agent belongs to. They will also be able to choose to enter into civil proceedings themselves. Your local council will be able to share their own evidence to support this.   

Letting agent redress schemes and the courts can tell you to make things right. For example, by telling you to make an apology or pay financial compensation to the person you have discriminated against.

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