If someone who has children wants to rent your property  

This guide explains how landlords cannot discriminate against a person from renting a property because they have 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 or from 1 May 2026.

You will not be able to discourage or prevent someone from renting a property because they have anyone under 18 who would either live with or visit them at the property.   

Rental discrimination involving children can be specific, such as children of a certain age, characteristic or situation. For example, children who are being fostered or children who are under 10 years old.   

You will not be able to stop or take action against a tenant for introducing a new child into their home after they move in. This includes through birth, adoption, fostering, or any other means.  

This will apply even if their tenancy agreement or a superior lease says they cannot.   

Example   

A landlord lists a property and specifies that children under 16 cannot live there. There is no reason given. A parent of a 10 year old child tries to view the property, but the landlord only offers times outside of their availability. The parent reports this to the local council.   

The council agrees that this is discrimination. The landlord is issued with a civil penalty. 

Exceptions  

As a landlord, you may be able to stop children from living in a property if you can show it is a ‘proportionate means of achieving a legitimate aim’ (PMLA).  

This could be because:  

  • it is a shared property (such as student housing)  

  • it could lead to overcrowding  

  • you have to meet licensing conditions  

  • there are safeguarding concerns  

A PMLA should offer benefits to somebody other than the landlord. It will not be able to be used for financial reasons, like lowering costs.  

Anything in a mortgage or superior lease that could be used to discriminate will not be valid if it does not meet the criteria for a PLMA.  

There may also be an exception if your property has an existing insurance contract that prevents children from living there. The contract must have started before 1 May 2026. Once this contract ends or renews, this exception will no longer apply. 

Example  1

 

A landlord runs a small housing community for retired people and has a rule that children can visit but are not allowed to live there. A potential tenant who is guardian to her grandchildren tries to rent a home there but is turned down. She reports this to the local council.  

After talking to the landlord, the council decides that no rental discrimination laws have been broken. The landlord clearly advertises the housing as being for retirees, and the rule about children is there to genuinely benefit the people who live in the community.

Example 2  

A landlord rents out studio flats to students near a university and does not allow tenants with children to live there. Even though each studio is private, the lounge and laundry areas are shared. The landlord feels these shared spaces are not safe for children to be around strangers.  

A mature student who has children is refused a tenancy agreement and reports it to the local council.  

The council decides that no rental discrimination laws have been broken. Because the shared areas are used by many students at all times of day, they are not considered safe for children to be around without supervision. 

Example 3  

A landlord who is renting out a listed property refuses to rent to a family with a 16-year-old child, saying the spiral staircase is too dangerous. The family complain to the local council, pointing out that their child can easily use the staircase.  

The council decides that banning all children is not reasonable, especially since the 16-year-old is old enough to use it safely. The council tells the landlord that in the future, they can only consider refusing tenants if the staircase would actually be dangerous for their specific children. 

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