Several reforms to the private rented sector in England came into force on 1st May 2026. These reforms aim to make the sector fairer for tenants and more transparent, while improving the standard of rental homes.
One of these new reforms is a rental discrimination ban, meaning landlords cannot discriminate against prospective tenants who have children or are receiving benefits. Here, we’ve explained what the ban means and how it affects both landlords and tenants.
What the rental discrimination ban entails
Under this ban, landlords, letting agents or anyone else acting on a landlord’s behalf cannot show unfair treatment to tenants who receive benefits or have children. This means that all prospective tenants must be considered by landlords, regardless of their circumstances.
These applicants cannot be prevented from making enquiries about a property, having access to the property information, viewing the property or entering into a tenancy agreement. This ban also extends to instances where a child might visit the tenant at the property and where applicants might have to claim benefits in the future.
How the rental discrimination ban affects landlords
Landlords now need to base their tenant selection on affordability and suitability rather than simply refusing tenants because they have children or are in receipt of benefits. Adverts that include wording such as ‘no DSS’, ‘no kids’ or ‘professional couples only’ are no longer allowed. The Renters’ Rights Act goes beyond adverts to also target discriminatory behaviour that includes:
- Discouraging or refusing viewings
- Withholding property information or its availability status
- Having policies that exclude benefit claimants or tenants with children
- Declining a tenancy because a tenant claims benefits or has children
Landlords still have the right to choose the most suitable tenants for their properties. For example, if a tenant’s income, whether earned or through benefits, doesn’t meet the requirement for affordability of the rent, then it’s not considered unlawful to decline them.
Likewise, if a property is genuinely unsuitable for children, then it’s not considered unlawful discrimination to exclude them. For example, a property may not be big enough to accommodate a large family, with overcrowding being an issue.
Steps for landlords to take
Under the Act, there are severe consequences for non-compliance so it’s important for landlords and letting agents to take steps to mitigate their risk. These can include:
- Reviewing all adverts to remove discriminatory wording
- Reviewing all application processes
- Avoiding discriminatory language
- Carrying out thorough tenant screening so that decisions can be made on affordability, creditworthiness and overall suitability
Local councils have the right to investigate and enforce cases of non-compliance. Landlords and letting agents now need to keep records in case a claim is made against them and they need to provide evidence as a defence. This can include:
- Legal documents for the property, such as the deeds or an insurance contract
- Informal documents, such as a brochure confirming a property’s purpose if it’s part of a retirement facility, for example
- Copies of property listings and adverts, preferably displaying dates
- Time-stamped communications with the prospective tenants, such as emails, text messages or voicemails
What the ban means for tenants
For a long time, tenants with children or those having to use benefits to help cover their rent have been negatively affected by the failing system in the private rented sector. They have been rejected from housing opportunities due to their circumstances, making it incredibly hard to find suitable homes that offer stability and safety. Now, with the rental discrimination ban in place, rented accommodation will be more accessible to everyone, regardless of their circumstances.
Other protections are now in place, too, such as a ban on rental bidding, restrictions on rent increases and an end to Section 21 ‘no fault’ evictions. All of these serve to make the private rented sector a fairer, more transparent place, resulting in improved relationships between landlords and tenants.
Positive reforms for a fairer rental system
Whilst there are a lot of reforms to get to grips with at once as a landlord, the Renters’ Rights Act should be seen as a positive move for the private rented sector rather than a negative one. As a professional landlord, just be sure to stay up to date with regulatory changes, adopt robust tenant screening practices and use consistent processes throughout.
It’s recommended to optimise your property to attract the most suitable tenants, achieve the best rent you can and reduce any repair or maintenance issues that may crop up in the future. By making informed choices and keeping meticulous records, you’ll help to mitigate any potential risks. All in all, you should be able to enjoy a long-term, mutually beneficial relationship with your tenants.
We’re here to help you
Our mortgage and protection brokers are here to offer you expert guidance on the Renters’ Rights Act and how to maximise your property goals. Give us a call on 01322 907 000 to protect your property with landlord insurance, discuss refinancing options or review your portfolio structure.