Can they refuse me because I get benefits or have children?

Since 1 May 2026, landlords in England must not do anything to stop you renting a home, or make you less likely to rent it, because you get benefits or have children.¹² This is called rental discrimination.

The rules cover anyone acting for the landlord, such as letting agents, referencing services, friends or family. They apply to assured tenancies, but not to social or supported housing.³

What counts

A landlord or anyone acting for them must not, because of children or benefits:⁴

stop you asking whether a home is available
stop you getting information about it
stop you viewing it, including by deliberately offering unreasonable times⁵
stop you renting it

They also can’t apply a rule or practice meant to make people with children, or people on benefits, less likely to rent the home.⁶ A website that only publishes adverts or passes messages between you isn’t covered.⁷

Children means anyone under 18 who would live with you or visit you there.⁸ It also covers having a child after you move in, including by fostering or adoption.⁹
Benefits include Universal Credit, Housing Benefit, Personal Independence Payment, Child Benefit, Carer’s Allowance, the State Pension and Council Tax Support.¹⁰
It still counts if they treat you unfairly because of something that isn’t true, such as thinking you have children when you don’t.¹¹
It can happen while you’re already renting, if your circumstances change, or if your landlord is selling.¹²

A clause in your tenancy agreement, or in the landlord’s mortgage or lease, that bans children or people on benefits can’t be enforced.¹³ A mortgage term is never a valid reason.¹⁴

Affordability checks

A landlord can still check whether you can afford the rent.¹⁵ But benefit income must count in the same way as any other income.¹⁶

The exceptions

If you get benefits, there’s only one exception. The landlord’s insurance contract says people on benefits can’t live there, and the contract started before 1 May 2026. Once it ends or renews, the exception stops.¹⁷

If you have children, there are two:

The same insurance exception, for a contract that started before 1 May 2026 and hasn’t been renewed since.¹⁸
A “proportionate means of achieving a legitimate aim”. The landlord has to show the restriction is necessary, and why it applies to you. GOV.UK gives examples like a shared house of unrelated adults, a home so small it would be overcrowded, licensing conditions, or safeguarding concerns that can’t reasonably be dealt with. It can’t be for the landlord’s financial benefit, like lowering costs.¹⁹

If a landlord relies on their insurance, you can ask to see the contract.²⁰ If you’re not sure whether an exception really applies, ask the council.²¹

If you think it’s happened to you

Keep evidence: dated messages, voicemails and emails, the advert or listing, and any tenancy agreement.²² Write down what was said on calls and at viewings, with dates.
Report it to the council where the property is.²³ In Brighton & Hove, Trading Standards enforces these rules, and you report through the Citizens Advice consumer helpline, which passes complaints to Trading Standards.²⁴ See how to report a letting agent.

The council can fine a landlord, or anyone acting for them, up to £7,000.²⁵ It can fine them again if they carry on more than 28 days after a fine,²⁶ and add an extra penalty for another breach within five years.²⁷ It can also refer your case to an ombudsman or redress scheme, which can ask for an apology or compensation.²⁸

If you’d rather not go to the council, you can complain to the letting agent and then to its redress scheme. You can also take your own legal action against the landlord or agent; a Law Centre or a lawyer can advise.²⁹ For free advice, see housing advice.

Other kinds of discrimination

Treating you worse because of a disability, race, sex, religion, age, sexual orientation, gender reassignment, pregnancy or marriage is covered by the Equality Act 2010.³⁰ It applies to anyone letting a home: they must not discriminate in the terms they offer, by refusing to let to you, or in how they treat you.³¹ GOV.UK points to Citizens Advice for these cases.³² See housing advice.

References

Rental discrimination: a guide for tenants, “Overview”. GOV.UK. 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’. ↩
Renters’ Rights Act 2025, s. 33 and s. 34, commencement notes. S. 33 in force at 1.5.2026 in so far as not already in force by S.I. 2026/421, reg. 3(b); S. 34 in force at 1.5.2026 in so far as not already in force by S.I. 2026/421, reg. 3(b) ↩
Rental discrimination: a guide for tenants, “Overview”. This includes anyone acting on the landlord’s behalf, like letting agents, referencing services, friends or family members. These rules apply to all properties let out on assured tenancies unless they are social or supported housing. ↩
Renters’ Rights Act 2025, s. 33(1)(a) (children) and s. 34(1)(a) (benefits). on the basis that a person is or may be a benefits claimant, prevent the person from— (i) enquiring whether the dwelling is available for let, (ii) accessing information about the dwelling, (iii) viewing the dwelling in order to consider whether to seek to rent it, or (iv) entering into a tenancy of the dwelling. A “relevant person” includes a person acting or purporting to act directly or indirectly on behalf of the prospective landlord (s. 42(1)). ↩
Rental discrimination: a guide for tenants, “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. ↩
Renters’ Rights Act 2025, s. 33(1)(b) and s. 34(1)(b). apply a provision, criterion or practice in order to make benefits claimants less likely to enter into a tenancy of the dwelling than people who are not benefits claimants. ↩
Renters’ Rights Act 2025, s. 33(3); s. 34(3) is the same. Conduct does not breach the prohibition in subsection (1) if it consists only of— (a) one or more of the following things done by a person who does nothing in relation to the dwelling that is not mentioned in this paragraph— (i) publishing advertisements or disseminating information; (ii) providing a means by which a prospective landlord can communicate directly with a prospective tenant ↩
Renters’ Rights Act 2025, s. 42(1). “child” means a person under the age of 18. s. 33(1)(a): on the basis that a child would or may live with or visit a person at the dwelling ↩
Rental discrimination: a guide for tenants, “If you have children”. GOV.UK. you introduce a child into your home after you move in - this includes though birth, adoption, fostering or any other means ↩
Rental discrimination: a guide for tenants, “If you get benefits”. GOV.UK. 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 ↩
Rental discrimination: a guide for tenants, “Overview”. 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. Renters’ Rights Act 2025, s. 42(2). In this Chapter a reference to doing something on the basis of particular facts includes reference to doing it on the basis of a belief in those facts. ↩
Rental discrimination: a guide for tenants, “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 ↩
Rental discrimination: a guide for tenants, “Overview”. Any part of a tenancy agreement, mortgage or superior lease that could be used to discriminate is not valid and cannot be enforced. Renters’ Rights Act 2025, s. 35(3). A term of a relevant tenancy or regulated tenancy is of no effect so far as the term makes provision (however expressed) prohibiting the tenant from being a benefits claimant. ↩
Renters’ Rights Act 2025, s. 37, which has no exceptions. A term of a mortgage of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a mortgagor to prohibit a tenant under a relevant tenancy or regulated tenancy from being a benefits claimant. Rental discrimination: a guide for tenants, “If you get benefits”. 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. ↩
Renters’ Rights Act 2025, s. 41. Nothing in this Chapter prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under a relevant tenancy. ↩
Rental discrimination: a guide for tenants, “If you get benefits”. 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. ↩
Rental discrimination: a guide for tenants, “If you get benefits”. 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). 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. Renters’ Rights Act 2025, s. 38(3): insurance terms like this are void in contracts of insurance which were entered into or whose duration was extended on or after the day on which this section comes into force. ↩
Rental discrimination: a guide for tenants, “If you have children”. 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 ↩
Renters’ Rights Act 2025, s. 33(2)(a). the relevant person can show that the conduct is a proportionate means of achieving a legitimate aim. Rental discrimination: a guide for tenants, “If you have children”. 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 To show a PMLA, they must be able to explain: why the restriction is necessary… why the restriction applies in your situation… It cannot be used for financial aims, like lowering costs. ↩
Rental discrimination: a guide for tenants, “If you get benefits”. You can ask to see the contract. ↩
Rental discrimination: a guide for tenants, “If you have children”. Contact your local council if you’re not sure if something is a PMLA. ↩
Rental discrimination: a guide for tenants, “If you think you’re being discriminated against”. GOV.UK. Evidence can include: time-stamped copies of communications - for example, text messages, voicemails, or emails copies of, or links to, the advert or the property listing legal documents - for example, the tenancy agreement ↩
Rental discrimination: a guide for tenants, “If you think you’re being discriminated against”. Contact the local council where the property is located, if you think you’re being discriminated against because you have children or get benefits. ↩
Renters’ Rights Act. Brighton & Hove City Council. The following elements of the Renters Rights Act are enforced by Trading Standards: discrimination based on benefits or children. To report any of these issues, contact the Citizens Advice Consumer Service. Find consumer advice. Brighton & Hove City Council. you can contact the Citizens Advice consumer helpline on 0808 223 1133; the adviser can pass information about complaints on to Trading Standards - you can’t do this yourself ↩
Renters’ Rights Act 2025, s. 40(1) and (5). A local housing authority may impose a financial penalty under this subsection on a person if satisfied on the balance of probabilities that the person has breached a requirement imposed by— (a) section 33 or 34; must not be more than £7,000. ↩
Renters’ Rights Act 2025, s. 40(2). More than one financial penalty may be imposed under subsection (1) on the same person in respect of the same conduct only if— (a) the conduct continues after the end of 28 days beginning with the day after that on which the previous penalty in respect of the conduct was imposed on the person ↩
Renters’ Rights Act 2025, s. 40(4). within the period of five years ending with the date on which that penalty was imposed, a previous financial penalty under subsection (1) was imposed on that person in relation to a breach of the same section… then the local housing authority may impose an additional financial penalty under this subsection on that person. ↩
Rental discrimination: a guide for tenants, “If you think you’re being discriminated against”. They can also refer your case to a relevant ombudsman or redress scheme, who can ask landlords to make an apology or pay financial compensation if appropriate. ↩
Rental discrimination: a guide for tenants, “If you think you’re being discriminated against”. Make a complaint to the letting agent or property manager. If you cannot resolve it with them, complain to their redress scheme. You can also take private legal action against the landlord or letting agent. You should contact a Law Centre or lawyer if you want to do this. ↩
Equality Act 2010, s. 4. The following characteristics are protected characteristics— age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; sexual orientation. ↩
Equality Act 2010, s. 33(1). A person (A) who has the right to dispose of premises must not discriminate against another (B)— (a) as to the terms on which A offers to dispose of the premises to B; (b) by not disposing of the premises to B; (c) in A’s treatment of B with respect to things done in relation to persons seeking premises. s. 38(4): A reference to disposing of premises also includes a reference to granting a right to occupy them. ↩
Rental discrimination: a guide for tenants, “If you think you’re being discriminated against”. 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. ↩