Government publishes rules for landlords on rental discrimination

The government has issued guidance for landlords on rental discrimination under the Renters’ Rights Act.

Landlords are prohibited from taking any action that could prevent a tenant from renting because they have children or receive benefits.

Those who break the rules even without their knowledge could face fines of up to £7,000 for each offence.

Certain circumstances of rental discrimination

Under the guidance, the government list certain circumstances of rental discrimination including:

Landlords will not be able to stop someone doing any of the following because they have children or get benefits (or you think they do):

• accessing information about the property
• viewing a property
• renting a property

Accessing information  

Information could 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 will include refusing to let someone view the property or knowingly making it difficult for them to view it, such as by offering unreasonable times.

Renting a property 

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

Landlords and agents will continue to have the final say on who they let their property to

Landlords should also know they cannot stop or take action against a tenant for introducing a new child into their home after they move in. This includes through birth, adoption, fostering, or any other means. This rule applies even if their tenancy agreement or a superior lease says otherwise.

The government also gives an example of landlords refusing benefit tenants:

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, and the landlord is issued with a civil penalty.

However, the government lists exceptions and emphasises that landlords and letting agents will always have the final say on who can rent a property. The guidance says: “There may be an exception if your property has an existing insurance contract that stops people who receive benefits from living there. The contract must have started before 1 May 2026.”

The government warns: “Once this contract ends or is renewed, this exception no longer applies.”

The guidance adds: “Landlords and agents will continue to have the final say on who they let their property to and can carry out referencing checks to ensure tenancies are sustainable for all parties. They can do this based on affordability, but not on the basis that a prospective tenant has children or receives benefits.

Council decides whether rental discrimination has occurred

According to government guidance, if a landlord is reported for rental discrimination, they will have 28 days to respond with evidence showing that their actions were reasonable and that discrimination has not taken place.

The government guidance says evidence may include:

• Time-stamped communications with prospective tenants, such as text messages, voicemail messages, emails, copies of adverts, or property listings.
• Legal documents, such as the property deed, insurance contract, or statement of licensing conditions.
• Other documents, such as a brochure showing that the property is part of a retirement community or student accommodation.

According to government guidance, the council will decide whether rental discrimination has occurred. The guidance also says landlords could still receive a civil penalty even if the discrimination was committed without their knowledge, consent, or due to neglect.

The government guidance outlines two types of breaches: continuous and repeated.

Continuous breach – A continuous breach occurs when a landlord has not resolved an issue more than 28 days after being issued with a civil penalty.

Example: A landlord receives a civil penalty for an advert stating “no tenants on benefits.” The advert remains online 28 days later, and the council may issue an additional civil penalty (for example, £6,000) for a continuous breach. According to government guidance, once the advert is removed, the continuous breach ends.

Repeated breach – A repeated breach occurs when a landlord commits the same type of breach on separate occasions within 5 years.

Penalties may include:

• Up to £7,000 for the new breach.
• Up to an additional £7,000 for repeating the same type of breach within five years.

The government guidance says that 14 months after a civil penalty for discrimination, a landlord posts a new advert stating they will not rent to people on benefits. The council may issue a total civil penalty of £12,000: £5,000 for discrimination plus £7,000 for repeating the breach within five years. According to government guidance, if the new advert is removed within 28 days, a continuous breach penalty is avoided.