Rental Discrimination Prohibition — landlord obligations in England
From 1 May 2026, it is unlawful to discriminate against prospective tenants because they have children or because they receive housing benefit or other benefits. You must consider all applicants on their individual merits. Affordability checks remain permitted — what is not permitted is treating benefit income differently from employment income, or refusing applicants solely because they have children.
The law that creates this obligation
Your obligations as a landlord
- Who this applies to: All landlords and letting agents advertising or letting private residential properties in England from 1 May 2026.
- When it applies: At all stages of advertising, marketing, referencing, and letting — continuous.
- What you must do: Do not apply blanket bans such as 'no DSS' or 'no children'. Assess all applicants on the same criteria. Where affordability is a concern, include benefit income in the assessment on the same basis as earned income.
What good evidence looks like
Your compliance file should contain
- Written record or document confirming this obligation has been met
- Date of compliance — email timestamp, signed receipt, or platform log
- FastPass available: This is a continuous prohibition requiring no positive action or documentary evidence, so self-attestation is sufficient.
This obligation is a prohibition. No evidence recording is needed. You must simply not discriminate against applicants because of children or benefit status.
Record this obligation in your LettingsLedger workspace
Upload evidence, set reminders, and build a timestamped compliance record — all in one place.
Consequences of non-compliance
Civil penalty up to £7,000 for a first breach and up to £40,000 for repeated or continuing breaches, enforced by the local housing authority. Tenants may also bring civil proceedings.
Further reading for landlords
LettingsLedger is a compliance evidence governance platform. It is not a legal services provider and does not provide legal advice. Content is derived from UK primary legislation at legislation.gov.uk and official GOV.UK sources. Reflects the position as at June 2026. A GovProtocol product by Pertheo Limited.