Renting Discrimination Against Benefits or Children

Quick answer

In England, landlords and letting agents must not do anything that makes someone less likely to rent a private property, or stops them from renting it, because they have children or get benefits. This includes refusing information, making viewings difficult, rejecting an application for that reason, or using contract terms that discriminate.

The rules can apply even if the landlord is acting through someone else. A letting agent, referencing service, property manager or person acting on the landlord’s behalf should not use a process that excludes people because they receive benefits or have children.

Who this guide is for

This guide is for people trying to rent, view, apply for or stay in a private rented home in England where benefits or children appear to be part of the reason they are being refused, delayed, discouraged or treated worse.

It also helps landlords and letting agents avoid unlawful adverts, unfair affordability checks, blanket bans, discriminatory clauses and unsafe reliance on old mortgage, lease or insurance wording.

When the rules are most likely to apply

• you want to rent from a private landlord;
• you do not expect to live with the landlord as a lodger;
• the property is in England;
• the issue is connected to children under 18 living with or visiting you;
• the issue is connected to benefits, such as Universal Credit, Housing Benefit, Child Benefit, Pension Credit or disability-related benefits;
• a landlord, agent, referencing company or property manager is involved in the refusal or discouragement.

What this guide does not cover

Some situations need different advice. This page focuses on the specific Renters’ Rights Act rental discrimination rules about benefits and children.

What counts as discrimination

Rental discrimination can be direct and obvious, such as an advert saying “no benefits” or “no children”. It can also be indirect or hidden, such as offering unreasonable viewing times, ignoring benefit income in an affordability check, or using a referencing process designed to reject benefit claimants.

Property information

A landlord or agent should not refuse to give you basic information about a property because you get benefits or have children. Property information can include availability, move-in date, rent, number of bedrooms, location, facilities, viewing arrangements and application steps.

Viewings

Refusing a viewing, cancelling a viewing, making viewings unreasonably difficult, or offering times that are unrealistic because of your children or benefit status can be discrimination. Keep the booking messages and any reason given.

Applications

Rejecting an application because the applicant gets benefits or has children can be discrimination. It can still be discrimination if the landlord uses another person or business to make the rejection, such as a letting agent or referencing company.

Tenancy terms

Any part of a tenancy agreement, mortgage or superior lease that could be used to discriminate against benefits claimants or families with children is not valid and cannot be enforced. If a landlord says “my mortgage does not allow it” or “my lease bans it”, ask for the wording and get advice before accepting the refusal.

Incorrect assumptions

It can still be rental discrimination if the landlord or agent treats you unfairly based on something that is not true. For example, it may still matter if they wrongly assume you have children, wrongly assume you receive benefits, or wrongly assume you cannot afford rent because you receive benefits.

Examples of wording to watch for

If you get benefits

A landlord or letting agent should not discourage or stop you from renting a property because you receive benefits. This includes benefits that help with rent and benefits that support income, disability, caring responsibilities, children or pension-age income.

Benefits that may be relevant

The official guidance gives examples including 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 Benefit, Guardian’s Allowance and Carer’s Allowance.

Affordability checks

A landlord can check whether a tenant can afford the rent. But they should not assume someone cannot afford the property just because they receive benefits. If benefits are part of your income, they should be considered in the same way as other income in a fair affordability assessment.

If the rent is higher than help available through housing costs or local housing allowance, be ready to explain how you will pay the difference. You can use bank statements, employment income, benefit award notices, previous landlord references, guarantor details or savings evidence where appropriate.

Referencing companies

A landlord or agent should not use a referencing company to do indirectly what they cannot do directly. If the referencing process ignores benefit income or automatically fails benefit claimants, keep the report, rejection email and any affordability calculation.

You only need to disclose benefits if asked

You do not have to volunteer benefit details unless the landlord or agent asks for information as part of the application, affordability or referencing process. If they ask, answer accurately and keep a copy of what you provided.

Mortgage, lease and insurance terms

If the landlord says a mortgage or superior lease bans tenants who get benefits, ask for the wording in writing. Discriminatory mortgage or lease terms should not be used to block you. Insurance terms may have limited transitional treatment, so ask when the insurance contract started and whether it has renewed.

If you have children

A landlord or letting agent should not discourage or stop you from renting a property because you have a child under 18 who would live with you or visit you at the property. This includes children who become part of your household after you move in, such as through birth, adoption, fostering or another arrangement.

Children living with you or visiting

The rules cover children who would live at the property and children who would visit. A landlord should not use a blanket rule that children cannot live in or visit the property unless a limited exception applies.

Age-based wording

Wording such as “no children under 16”, “not suitable for toddlers”, “adults only” or “professional couple only” should be checked carefully. A landlord cannot simply set an age limit without explaining why it is necessary in your particular situation.

Fostering, guardianship and other family arrangements

Rental discrimination can target families with children in a specific situation, including fostered children or children under guardianship. Keep any wording that refers to the child’s age, status, care arrangement or visiting pattern.

Overcrowding and property size

A landlord may have a valid reason if the property would be legally overcrowded or too small for the household. The key point is that the reason should be specific and evidence-based, not a blanket ban on all children or all families.

Licensing, shared housing and safeguarding

Some child-related restrictions may need separate advice. For example, shared properties, student housing with unrelated adults, HMO licensing conditions, space standards or safeguarding concerns may affect whether a restriction is allowed.

Proportionate means of achieving a legitimate aim

If a landlord says a property is unsuitable for children, they may need to show that the restriction is a proportionate means of achieving a legitimate aim. In practical terms, they should be able to explain why the restriction is necessary, why it applies to your situation, and why a less restrictive option would not work.

Checks and exceptions

The rules do not mean every applicant must be accepted. A landlord can still carry out reasonable checks, refuse an applicant who genuinely cannot afford rent, avoid legal overcrowding, comply with licensing conditions, and manage genuine safety or safeguarding issues. The issue is whether the treatment is because of benefits or children rather than a fair and evidence-based reason.

Affordability is still allowed

A landlord can check income, rent affordability, references and guarantor details. But they should assess benefit income fairly and should not use “benefits” as a shortcut for “cannot afford rent”.

Children exceptions are limited

Possible child-related exceptions may involve shared accommodation, overcrowding, licensing conditions or safeguarding concerns. A landlord should explain the reason and how it applies to the specific property and household.

Benefits exceptions are narrower

Official tenant guidance says there is no proportionate-means exception that lets landlords stop benefit claimants renting because of benefits. Insurance terms may have limited transitional treatment, but the landlord should explain the contract and timing if relying on this.

Insurance wording

If the landlord says insurance prevents benefits claimants or children, ask when the insurance contract started and whether it has renewed. For child restrictions, the guidance refers to insurance contracts that started before the reform date and have not renewed. For benefits, the guidance refers to insurance contracts that started before the reform date. Ask for evidence before accepting the explanation.

Mortgage or superior lease wording

If a mortgage or superior lease says benefits claimants or families with children are not allowed, that wording should not be used to discriminate. Ask for the written term and get advice before accepting a refusal.

Equality Act issues

Benefits and children rules are separate from Equality Act discrimination. But a situation can overlap. For example, discrimination because of disability, pregnancy, sex, race, religion or another protected characteristic may need an Equality Act route as well as or instead of a rental discrimination complaint.

Evidence and red flags

What evidence to keep

Evidence matters because discrimination is often shown through wording, timing, repeated patterns, different treatment, or a sudden change after you mention benefits or children.

Red flags to watch for

Problems and next steps

If you are refused information or a viewing

1. Save the advert first. Take screenshots before asking questions.
2. Ask for the reason in writing. Keep the request short and factual.
3. Ask whether benefits or children are the reason. Do not argue by phone if you can get a written answer.
4. Keep looking for other homes. A council complaint may take time and the property may be let to someone else.
5. Report to the council if needed. Contact the local council where the property is located.

If your application is rejected

1. Ask for the reason. Ask whether the rejection was because of benefits, children, affordability, referencing, guarantor, overcrowding or another reason.
2. Ask for the affordability calculation. Check whether benefit income was included.
3. Offer relevant evidence. Previous rent payment history, references, guarantor details or benefit award letters may help where affordability is genuinely in question.
4. Keep the rejection email. Do not delete messages, portal screenshots or referencing reports.
5. Consider council, redress or legal advice. The right route depends on who discriminated and what outcome you want.

If the landlord says the property is not suitable for children

1. Ask for the specific reason. Is it overcrowding, licensing, safeguarding, shared accommodation or another reason?
2. Ask how the reason applies to your household. A blanket rule is weaker than a property-specific explanation.
3. Ask whether the restriction is necessary. If the landlord relies on a legitimate aim, ask why a less restrictive option would not work.
4. Keep written evidence. Save the advert, refusal and any explanation.
5. Contact the council if unsure. The council may investigate and ask for information from both sides.

If you already live there and your circumstances change

Rental discrimination can happen after you move in. For example, you might have a child, start claiming benefits, lose employment, receive Universal Credit, become a foster carer, or have children visit you more often. A landlord should not use that change by itself to treat you worse, demand you leave, or add discriminatory terms.

If the landlord responds with eviction threats, rent pressure or refusal to renew because of benefits or children, keep messages and get advice. The situation may involve rental discrimination, possession rules, harassment or another housing route.

If you want to complain to the council

Contact the local council for the area where the property is located. Ask for the private rented housing team, tenancy relations team, housing enforcement team or trading standards if the first contact point is unsure.

The council may ask for evidence and details of the landlord or agent. If the council agrees that rental discrimination happened, it can issue a fine of up to £7,000 and may also refer the case to a relevant ombudsman or redress scheme.

If you do not want to speak to the council

You can complain to the letting agent or property manager first. If the agent does not resolve it, you can complain to the agent’s redress scheme. You can also get advice about private legal action if you want compensation or a formal legal remedy.

Message template: ask for the reason

Message template: ask for a fair affordability check

Message template: report to the council

Practical examples

Sources used

This guide was prepared from official government guidance first, then checked against legislation, established housing advice, parliamentary research and professional landlord guidance. Because private renting law has recently changed, current GOV.UK, legislation.gov.uk, Shelter, Citizens Advice and updated professional guidance are more reliable than older tenancy manuals or out-of-date books.