If you are a tenant in England, landlords must not do anything to make you less likely to rent a property (or stop you from renting it) because you have children or get benefits. This is called ‘rental discrimination’. This includes anyone acting on the landlord’s behalf, like letting agents, referencing services, friends or family members. Any part of a tenancy agreement, mortgage or superior lease that could be used to discriminate is not valid and cannot be enforced. There’s different guidance if: you’re a landlord you’re a local authority There’s guidance on the Citizens Advice website if you think you’re being discriminated against for other reasons. For example, because you’re disabled or a woman. What counts as rental discrimination Rental discrimination can happen when you’re: looking for somewhere to rent renting a property and your circumstances change - for example, you have a child or start claiming benefits renting a property that your landlord has chosen to sell It can include: stopping you from accessing information about a property stopping you from viewing a property refusing to let you rent the property It’s still rental discrimination if you’re treated unfairly based on something that is not true, for example if a landlord thinks you have children when you do not. Accessing information Information can include: the availability of the property the date it becomes vacant details of the property, such as the size, location or number of bedrooms Viewing a property This can include refusing to let you view the property or knowingly making it difficult for you to view it, such as by offering unreasonable times. Renting a property This can include poor treatment to make it less likely for you to want to rent the property, for example a rental agreement that puts you at a disadvantage. Exceptions There are some exceptions when landlords may be able to stop you from renting a property if you: have children get benefits

You cannot be discouraged or stopped from renting a property because you have a child under 18 who would either live with you or visit you at the property. This includes if: the tenancy agreement says that you cannot have children the landlord’s mortgage or a superior lease says that you cannot have children you introduce a child into your home after you 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 The 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 the landlord has to meet certain licensing conditions there are safeguarding concerns that cannot reasonably be addressed If a landlord tells you a property is unsuitable for children to be in, they’ll need to show that it’s a ‘proportionate means of achieving a legitimate aim’ ( PMLA ). To show a PMLA , they must be able to explain: why the restriction is necessary - for example, they cannot set an age limit without explaining why why the restriction applies in your situation - for example, they cannot refuse all children because of a staircase that could be used safely by an older child A PMLA should offer benefits to somebody other than the landlord. It cannot be used for financial aims, like lowering costs. 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 you’re not sure if something is a PMLA Contact your local council if you’re not sure if something is a PMLA . If you’re applying from another area, contact the local council in the area where the property is. They may ask you for information about your situation so that they can investigate. If your landlord’s insurance contract stops children being at the property Your landlord can only stop children from living in or visiting the property if their 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. You can ask to see the contract.

You cannot be discouraged or stopped from renting a property because you get benefits. This includes if: the tenancy agreement says you cannot get benefits the landlord’s mortgage or a superior lease says you cannot get benefits you start getting benefits at any point after you move in Landlords cannot do things that exclude people who claim benefits. For example, if they check if you can afford the property, they must include income from benefits in the same way as other income. You may get 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 Example 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. The rules about rental discrimination mean that any part of a mortgage that bans renting to people on benefits does not count and cannot be enforced. Example 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 ignores 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. Even though landlords can say no to tenants who genuinely cannot afford the rent, the council says it’s discrimination because the tenant’s benefit income wasn’t treated the same as other income. Exceptions There is no exception that can stop people who get benefits from renting a property due to landlords trying to meet a ‘proportionate means of achieving a legitimate aim’ ( PMLA ). If your landlord’s insurance contract stops people who get benefits renting the property Your landlord can only do this if their insurance contract both: says that people who get benefits are not allowed to live there started before 1 May 2026 Once the insurance contract ends or renews, this exception no longer applies. You can ask to see the contract.

Rental discrimination: a guide for tenants

Overview

If you are a tenant in England, landlords must not do anything to make you less likely to rent a property (or stop you from renting it) because you have children or get benefits. This is called ‘rental discrimination’.

This includes anyone acting on the landlord’s behalf, like letting agents, referencing services, friends or family members.

Any part of a tenancy agreement, mortgage or superior lease that could be used to discriminate is not valid and cannot be enforced.

There’s different guidance if:

you’re a landlord
you’re a local authority

There’s guidance on the Citizens Advice website if you think you’re being discriminated against for other reasons. For example, because you’re disabled or a woman.

What counts as rental discrimination

Rental discrimination can happen when you’re:

looking for somewhere to rent
renting a property and your circumstances change - for example, you have a child or start claiming benefits
renting a property that your landlord has chosen to sell

It can include:

stopping you from accessing information about a property
stopping you from viewing a property
refusing to let you rent the property

It’s still rental discrimination if you’re treated unfairly based on something that is not true, for example if a landlord thinks you have children when you do not.

Accessing information

Information can include:

the availability of the property
the date it becomes vacant
details of the property, such as the size, location or number of bedrooms

Viewing a property

This can include refusing to let you view the property or knowingly making it difficult for you to view it, such as by offering unreasonable times.

Renting a property

This can include poor treatment to make it less likely for you to want to rent the property, for example a rental agreement that puts you at a disadvantage.

Exceptions

There are some exceptions when landlords may be able to stop you from renting a property if you:

View a printable version of the whole guide

Rental discrimination: a guide for tenants

Overview

What counts as rental discrimination

Accessing information

Viewing a property

Renting a property

Exceptions

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Rental discrimination: a guide for tenants

Overview

What counts as rental discrimination

Accessing information

Viewing a property

Renting a property

Exceptions

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