Have you lined up your next tenants? Landlords will soon need to follow stricter rules around who they allow to live in their properties. Let’s look at how things are changing
The Renters’ Rights Act (RRA) introduces new rules for the private rented sector in England, with most coming into force from the 1st of May 2026. One of these is a ban on blanket discrimination, where landlords refuse whole categories of people rather than considering tenants on an individual basis. This can include families and people on benefits.
The government says:
“Rental discrimination against families with children or people who receive benefits has no place in a fair and modern housing market. Everyone in the private rented sector is entitled to a safe and decent home.”
While many landlords don’t intentionally discriminate against people, the new system will require them to be extra conscientious in their choice of tenants. They will need to document their selection processes, too.
What’s the current system for guarding against discrimination?
At the moment, the Equality Act (2010) protects people from direct or indirect discrimination based on certain characteristics, including disability, gender reassignment, race, religion, and pregnancy. When it comes to housing, the act doesn’t protect people based on their:
- Age
- Marriage/civil partnership status
- Income or employment status
This third point has been the topic of much debate. In 2024, the English Private Landlord Survey found that 18% of landlords refuse to consider any applications from people on benefits, with many property adverts making this clear.
Generally, this isn’t a case of intentional discrimination – most landlords aren’t personally against someone on benefits living in their property – but their concern is a by-product of the way benefits are paid. For example, councils can ask landlords to pay back past rent payments if the tenant is found to have claimed benefits fraudulently. However, the outcome is the same: large numbers of people on benefits are denied a rented home.
People with children can be discriminated against, too. In 2024, the charity Shelter reported that 110,000 families had missed out on a home because they had little ones.
What’s the new system?
Under the RRA, the government is trying to shore up renters’ rights by adding a ban on blanket discrimination to the existing rules for the private rented sector. From the 1st of May, the RRA will also outlaw discrimination against:
- Tenants with children under the age of 18
- Tenants on benefits such as Universal Credit or housing allowances
Landlords must consider each applicant as an individual rather than dismiss groups of people outright. This applies to the entire process, from writing the initial advert to allowing people to view the property.
Additionally, landlords will have to demonstrate that they’ve followed the rules. For instance, they will need to document their selection process for tenants.
Can landlords still refuse tenants?
Yes, they can refuse tenants if they think the person will be unable to pay their rent on time or is otherwise unsuitable for the property. For example, if there isn’t enough room for a particular family.
The landlord still has the final say. But they can’t make sweeping judgements – they must weigh up applicants on a case-by-case basis.
What happens if a landlord doesn’t follow the rules?
Tenants and potential tenants will have greater powers to challenge landlords. If local authorities agree that rules have been broken, they can issue civil penalties of up to £7,000 for a first breach, or up to £40,000 for repeat offences.
You can find more details on the government website. And for further updates on the RRA, check back to the Winkworth blog for information and advice.
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