Rental discrimination: a guide for tenants
If you have children
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.