Renters’ Rights Act tips 06 – Discrimination Rules: What Landlords Can (and Cannot) Do

The Renters’ Rights Act introduces clearer and stricter rules around discrimination — particularly in relation to tenants receiving benefits and those with children.

These changes will directly affect how landlords advertise, assess, and select tenants.

No discrimination against benefits or families

Under the new rules, landlords cannot discriminate against tenants on the basis that they:

* Receive Housing Benefit (or other forms of support)

* Have children

This applies at every stage of the lettings process — from advertising, to enquiries, to viewings, and final selection.

What about mortgage or insurance restrictions?

Some landlords have historically relied on mortgage or insurance conditions that restrict letting to tenants on benefits.

However, the new legislation overrides the terms of your mortgage or insurance contracts, so these restrictions cannot be used as a justification for refusal.

This means landlords must ensure that their decision-making process remains compliant with the law — regardless of third-party terms.

Viewings and advertising must be compliant

A key practical change is that:

* You cannot refuse a viewing based on benefits or family status

* All advertising wording must be reviewed and updated

Phrases such as “No DSS” or similar exclusions are no longer permitted and could lead to legal challenges and financial penalties starting at £6000!

How should tenants be assessed?

Instead of blanket exclusions, landlords must now assess applicants based on:

* Affordability

* Suitability for the property

This creates a more structured and standardised approach to tenant selection.

What about overcrowding?

There is one important exception.

Landlords may still refuse applicants where accepting them would result in overcrowding under legal occupancy standards.

This must be based on objective criteria — not personal preference.

Why this matters

These changes represent a shift towards greater inclusivity in the rental sector.

For landlords, this means:

* Adjusting long-standing practices

* Ensuring marketing and processes are compliant

* Taking a more considered approach to tenant selection

Failure to do so could result in complaints, legal challenges, and financial penalties.

Our advice

To stay compliant, landlords should:

* Review and update all property advertisements

* Ensure viewing and enquiry processes are fair and consistent

* Base decisions on clear, documented criteria

* Seek guidance where there is any uncertainty

A transparent and structured approach will not only ensure compliance, but also support better long-term tenancy outcomes.

If you have a property becoming available to let, speak to our team to discuss how we can help. Our fully Renters’ Rights Act–adapted letting processes are designed to keep you compliant whilst we secure a high-quality tenant for your property.

In the next instalment of our Renters’ Rights Act Tips series, we’ll continue to break down the key changes and what they mean in practice for landlords.