Rental discrimination: a guide for landlords
If someone who has children wants to rent your property
You cannot discourage or prevent someone from renting a property because they have a child under 18 who would either live with them or visit them at the property.
This includes if:
- your tenancy agreement, mortgage or a superior lease says that tenants cannot have children
- a tenant introduces a child into the home after they move in - this includes though birth, adoption, fostering or any other means
Rental discrimination can target families with children of a certain age or characteristic. It can also target children in a specific situation, for example children who are being fostered.
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 fine.
Exceptions
Your property may be exempt in some situations, for example:
- it’s a shared property, such as shared spaces used in student housing by unrelated adults
- the property is too small and it could lead to overcrowding
- you have to meet certain licensing conditions
- there are safeguarding concerns that cannot reasonably be addressed
Each time you think a property is exempt, you’ll need to show that it’s a ‘proportionate means of achieving a legitimate aim’ (PMLA).
To show a PMLA, you must be able to explain:
- why the restriction is necessary - for example, you cannot set an age limit without explaining why
- why the restriction applies in the tenant’s situation - for example, you cannot refuse all children because of a staircase that could be used safely by an older child
Example
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.
If your insurance contract stops children being at the property
You can only stop children from living in or visiting the property if your insurance contract both:
- says that children are not allowed to live there
- started before 1 May 2026 and has not been renewed since then
Once the insurance contract ends or renews, this exception no longer applies. A tenant can ask to see the contract.