If someone who receives benefits wants to rent your property  

This guide explains how landlords cannot discriminate against a person from renting a property because they are on benefits.

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 receive benefits. This includes benefits such as:    

  • Universal Credit   

  • Jobseeker’s Allowance    

  • Personal Independence Payment   

  • Employment and Support Allowance    

  • Income Support    

  • Legacy Housing Benefit   

  • State Pension or Pension Credit   

  • Council Tax Support    

  • Tax Credits (Child and Working)    

  • Child Benefit    

  • Guardian’s Allowance   

  • Carer’s Allowance

You will not be able stop someone, or take action against them, for starting to claim benefits at any point during their tenancy.  

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

Example one  

A landlord refuses to rent a house to someone because they get help with housing costs through Universal Credit. The landlord says their mortgage does not allow them to rent to people who receive housing benefits. The person reports this to the local council, saying it’s discrimination.  

The council agrees that it is discrimination and the landlord is issued with a civil penalty.

Example 2  

A landlord does not want to rent to someone who receives benefits, so they ask a referencing company to check if the tenant can afford the rent. The company refuses to consider the tenant’s benefit income when doing the check, so the tenant is rejected for not earning enough. The tenant reports this to the local council as discrimination.  

Although landlords can say no to tenants who genuinely cannot afford the rent, the council says it is discrimination. The landlord is issued with a civil penalty because the tenant’s benefit income was not treated the same as other income.

Exceptions  

There may be an exception if your property has an existing insurance contract that stops people who receive benefits from living there. The contract must have started before 1 May 2026. Once this contract ends or renews, this exception no longer applies.  

There is no exception that can stop people who claim benefits from renting a property because you’re trying to meet a ‘proportionate means of achieving a legitimate aim’ (PMLA).   

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