Government must release more detailed guidance to avoid misinterpretation of rental discrimination

An industry body is urging the government to provide clearer guidance to landlords on the checks they need to carry out to avoid rental discrimination.

Under the Renters’ Rights Act, it will be illegal for landlords and letting agents to discriminate against prospective tenants who receive benefits or have children, with fines of up to £7,000 for breaking the rules.

However, Propertymark warns that the government must issue more detailed guidance to reduce uncertainty in the private rented sector.

The legislation must make clear how these checks can be applied consistently and proportionately

The government says it wants to crack down on discriminatory practices such as “no DSS” adverts, which target people receiving housing benefits.

Under the rules, landlords will not be able to prevent someone from accessing information or viewing a property because they have children or are receiving benefits.

In the Renters’ Rights Act guidance, the government says it will support landlords and tenants in understanding the new rules and is consulting “on the implementation of the rental discrimination provisions and will provide more information in due course.”

However, Propertymark warns that the government must provide more detailed guidance to landlords on how to carry out referencing checks.

Megan Eighteen, President of ARLA (Association of Residential Letting Agents), Propertymark, told Property118: “Fundamentally, tenants should not face blanket discrimination, and access to the private rented sector should be based on fair and objective criteria. However, many landlords and letting agents are seeking greater clarity on how the Renters’ Rights Act will operate in practice across England.

“Referencing should continue to focus on legitimate factors such as affordability, income sustainability, credit history, and previous tenancy conduct, rather than a tenant’s circumstances or household composition. What the legislation must make clear is how these checks can be applied consistently and proportionately, particularly where tenants are in receipt of benefits, which may be paid at different intervals or involve variable amounts.”

Decisions on property suitability are not misinterpreted as discrimination

Ms Eighteen adds that the government must also address concerns among landlords and letting agents about how decisions on property suitability are not misinterpreted as discrimination.

She said: “There is also understandable concern around properties that may be genuinely unsuitable for children, for example, due to size, layout, or health and safety considerations. The law needs to recognise these practical realities, so that decisions based on property suitability are not misinterpreted as discrimination.

“It would be positive to see detailed guidance released for landlords and agents ahead of implementation, to ensure compliance, reduce uncertainty, and avoid unintended consequences that could ultimately restrict supply in the private rented sector.”

In the Renters’ Rights Act guidance, it says landlords and lettings agents should consider applicants on their individual circumstances.

The guidance says: “A 1-bedroom flat for example might be suitable for a mother with a baby but not for a parent with 2 teenage children, where this level of occupancy would mean that rules on overcrowding were breached.

“It will be for those letting properties to consider whether excluding prospective tenants with children represents a proportionate means of achieving a legitimate aim and landlords would need to be able to evidence their decision on a case-by-case basis.”

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