Renters’ Rights Act 2025: Ending Discrimination – A Guide for Landlords
Big changes are here for landlords and tenants now that the Renters’ Rights Act 2025 has become law. After receiving Royal Assent in October 2025, this Act expressly prohibits certain discriminatory renting practices. In particular, from May 1, 2026 onward landlords and agents can no longer use blanket rules like “No
DSS” or “No children” to refuse applicants. In other words, you must consider every renter on their own merits instead of ruling out whole groups from the start. These measures simply formalise fair practices that many good landlords already follow choosing tenants based on reasonable criteria like income, references and property fit, not on stereotypes or status. Below we explain the key points of the new Act and how you can adapt your letting process with confidence.
No More “No DSS” or “No Children” Policies
The new Act makes it illegal to automatically refuse anyone just because they have children or receive welfare benefits. In practice, this means:
● You cannot flatly refuse to consider or interview an applicant just because they claim Universal Credit or housing benefit, or have children. For example, you must not say “we won’t even look at this tenancy if the tenant is on benefits or has kids.”
● You must drop any banned phrases from your adverts and communications. Advertising a property with terms like “No DSS,” “No benefits,” “No children,” or anything equivalent is now unlawful. All prospective tenants must be invited to apply or enquire in the same way.
● You cannot include discriminatory clauses in tenancy contracts or agreements. Any clause saying tenants cannot have children or cannot be benefit recipients will have no legal effect. The Act will automatically void such terms, so they cannot be used as a reason to refuse or evict someone.
Courts had already struck down blanket “No DSS” or “No kids” bans as indirectly discriminatory in many cases, but the Act goes further by explicitly outlawing these practices. It even makes it unlawful to refuse a property viewing or ignore an enquiry solely because someone has children or receives benefits. In short, every application must be assessed on its individual merits, not rejected on the basis of group membership.
What Landlords Can Still Do: Fair Checks and Decisions
Ending blanket bans doesn’t mean you must accept any tenant. You still have the right to vet applicants thoroughly using normal, fair criteria:
● Affordability and reference checks are allowed and expected. You can and should ask all prospective tenants to prove they can afford the rent. This includes looking at income from any source (salary, benefits, pensions, etc.), savings or guarantors. You can run credit checks and take up references just as before. The key change is that you must apply these checks fairly to everyone. Don’t assume someone is a risky tenant just because they get benefits; instead, consider how all their income streams (job, benefits, etc.) add up to cover the rent.
● Treat all income equally. When assessing whether a tenant can afford the rent, count benefit payments the same as wages. For example, if someone receives Universal Credit, count that as part of their income. It’s perfectly legitimate to decline a tenant whose total income truly doesn’t meet the requirement, but you must not single out benefits or children as the reason. In practice this means setting the same income threshold for all applicants and asking everyone for similar proof (pay slips, bank statements, benefit award letters, etc.).
● You still decide who rents your property on reasonable grounds. The new law does not force you to take an unsuitable tenant. You may refuse an applicant if the decision is genuinely based on legitimate factors such as affordability, referencing problems, or genuine property unsuitability. For instance:
○ If the prospective tenant’s total income (including benefits) isn’t enough to cover the rent, you can lawfully decline.
○ If a reference (rental or employment) reveals significant problems (like unpaid rent or previous evictions), you can decide that person isn’t suitable.
○ You should document these reasons (e.g. income shortfall, bad reference) to show your decision was based on facts, not bias.
● Property suitability remains important. You can refuse applications that would lead to genuine safety or overcrowding issues. For example, it is reasonable not to rent a one-bedroom flat to a family of five, because that would violate space and safety standards. Likewise, if a building is specifically designed for over 55s (like a retirement development), excluding families there is a legitimate rule. In legal terms, any limit on children must be a proportionate means of achieving a legitimate aim. In plain language, that means you need a fair reason tied to the property (like occupancy limits or a special-age housing community), not just an arbitrary prejudice against families.
In summary, the Act doesn’t remove your ability to choose a suitable tenant. It simply ensures your decisions are based on objective criteria income, references, property fit rather than on blanket exclusions of families or benefit claimants. Many landlords already operate this way, and for them, day-to-day business will change very little, apart from dropping outdated “No DSS/No kids” rules.
What These Changes Mean for Landlords
As a landlord, it’s time to review your practices and policies in light of the new law. Here are the main areas to focus on:
● Advertising and communications: Update all your property listings and marketing materials. Remove any language that might discourage families or benefits recipients, even inadvertently. For example, delete phrases like “no DSS” or “suitable for DSS only” or “child-free home.” Instead, highlight legitimate details: rent amount, deposit required, number of bedrooms, and any occupancy limits based on space. Your letting agent can help rewrite descriptions so they stay compliant and still attract plenty of interested renters.
● Tenant selection process: Maintain strict tenant screening, but apply it equally. Continue to require proof of income and references from everyone. If you use an external referencing service, make sure they treat all income (including benefits) fairly and don’t automatically reject someone because they receive state support. In fact, you might find that many prospective tenants on benefits are perfectly good candidates once you count their total income properly. The goal is to give each applicant the same professional courtesy: arrange viewings for all qualified candidates, ask the same questions, and only turn someone down for legitimate reasons (like affordability or poor references).
● Tenancy agreements: Remove any outdated or discriminatory clauses from your contracts. For instance, if you have a standard tenancy agreement that says “tenant must not claim housing benefit” or “tenant must not have children,” scrap those lines. Such terms will soon be legally void. It’s best to update your template now so there’s no confusion later. (By law, those clauses will have no effect after May 2026, but keeping them in could lead to misunderstandings or disputes.)
● Mortgage and insurance policies: Many landlords worry that their mortgage or insurance forbids letting to benefit claimants or families. The good news is the Act addresses this too. Any term in a mortgage, lease, or insurance contract that tries to ban renting to someone with children or on benefits will be void from May 2026. In practice, this means: don’t worry about old “no DSS” clauses in your mortgage. The law now takes precedence, and most lenders and insurers have already removed such restrictions. If your current insurance policy has a “no DSS” or “child-free” clause, the Act will exempt that policy only until it needs renewal. Use the extra time to switch to an insurance product that welcomes all tenants. Many specialist landlords’ insurers already cover renting to benefit recipients and families, so your letting agent should be able to point you to inclusive options.
● Mindset shift: Finally, be ready for a change in approach. Instead of “pre-filtering” tenants by groups, adopt an evidence-based view. Ask yourself for each applicant: “Does this tenant meet my objective criteria (income, references, etc.) and is the property right for them?” This not only keeps you legal but often pays off. By opening up to applicants you might once have dismissed, you could find excellent, reliable tenants you’d otherwise miss. A family with children, for example, might be extremely responsible and long-term compared to a single tenant. In a tight rental market, giving fair consideration can fill your property faster and with better tenants overall.
Importantly, these changes are meant to create a fairer market, not to force landlords into untenable situations. By treating every applicant fairly, you also expand your pool of renters. The Act simply removes unfair blocks; it does not force you to accept a tenant you feel is unsuitable. And a larger, diverse pool of applicants often means you’ll have more choice and better options for your property.
Navigating the Change Confidently with Letting Agents
You don’t have to handle these changes alone. Your letting agent is your partner in this transition and will guide you through compliance:
● Expert guidance and updates: Letting agents will stay on top of Renters’ Rights Act developments and practical guidance. If you ever wonder whether a decision might breach the rules (for example, “Is this refusal discrimination or a legitimate reason?”), your agent can advise you. We’ll make sure you understand where the lines are drawn so you can proceed confidently.
● Compliant marketing: Agents will ensure all your property advertisements and listings meet the new standards. We’ll remove any problematic phrasing and instead highlight valid criteria (like rent amount, property features, number of rooms, etc.). By marketing inclusively, you not only follow the law but also attract more prospective tenants.
● Thorough referencing processes: As always, your agent will conduct comprehensive vetting on each applicant. That means checking income sources, employment status, credit history, and references. The only difference is that from now on, we’ll count all legitimate income equally (salaries, benefits, pensions) and we won’t exclude someone just for having benefits. Our goal remains to present you with candidates who meet your requirements – now drawn from a broader pool. We handle the legwork so you can make the final call based on solid information.
● Advice on exceptions: If a tricky situation comes up (say a tenant with kids applies for a tiny flat), we can help you navigate it. We’ll explain how to apply the “proportionate means for legitimate aim” principle correctly. For example, we’ll guide you on documenting why a property genuinely isn’t suitable for a certain household (to avoid overcrowding or to comply with an age-restricted scheme). This ensures any lawful refusals are well-justified and clearly recorded, keeping you on the right side of the law.
● Adjusting documentation: We’ll update all forms, application paperwork, and tenancy agreements to remove any outdated language or clauses. You won’t need to study the legal texts yourself we’ll take care of the wording so you don’t accidentally slip into non-compliance.
● Ongoing support: Perhaps most importantly, a good letting agent provides ongoing support. If ever a misunderstanding or complaint arises related to the new rules, we’ll help resolve it. Our job is to keep your lettings running smoothly without legal headaches. We’ll act as a buffer with tenants and authorities alike, ensuring you don’t face fines or penalties.
A Supportive, Successful Transition
For most landlords, adapting to the anti-discrimination rules should be straightforward. Many have already been successfully renting to families and benefit recipients for years. The Renters’ Rights Act simply formalises these fair practices and ensures everyone else follows suit. By giving every prospective tenant a fair hearing and using consistent criteria, you not only comply with the law but also improve your chances of finding a great tenant.
Keep in mind that the new rules will be enforced by local councils. Landlords or agents who break the ban on blanket discrimination can be fined currently up to £7,000 per offense with repeated breaches leading to multiple fines. However, with the right preparation and help from your agent, you should have nothing to worry about. The government has indicated there will be a phased implementation and plenty of guidance as we head into 2026, giving everyone time to adjust.
In conclusion, the end of “No DSS/No kids” policies is a positive step toward a fairer rental market. As long as you continue to make decisions based on sound business reasons (income, references, property suitability) the approach you should have been taking all along you’re already on the right track. Now is simply the time to update your ads and paperwork, embrace a wider pool of applicants, and lean on your letting agent for assistance. By doing so, you’ll be compliant with the Act and well-placed to secure reliable, long-term tenants from among a fairer, broader field.
If you have any questions or need help navigating these changes, feel free to get in touch with us we’re here to make sure your transition is smooth and successful.
