Do not discriminate against renters who receive benefits

Letting, or proposing to let, a dwelling on an agreement that may give rise to an assured tenancy in England (not social or supported housing). Applies to landlords and anyone acting for them.

Do not, because a person is or may be a benefits claimant, prevent them from enquiring, accessing information, viewing or entering into a tenancy, and do not apply any provision, criterion or practice that makes claimants less likely to rent. You may still assess whether a tenant can afford the rent, but benefit income must be treated the same as other income.

Deadline

Ongoing

• Advert copies without 'no benefits/DSS' wording
• Affordability assessment showing benefit income counted
• Referencing provider instructions

Civil penalty

Up to £7,000

Other consequences

Council financial penalty of up to £7,000 per breach; continuing-breach penalties every 28 days and an additional £7,000 for a repeat breach within 5 years (s.40).

• Renters' Rights Act 2025, s.34 (discrimination relating to benefits status)legislation.gov.uk
• Renters' Rights Act 2025, s.40 (financial penalties for breach of anti-discrimination provisions)legislation.gov.uk
• Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/421)legislation.gov.uk

Official guidance

There is no 'proportionate means of achieving a legitimate aim' defence for benefits status. The only exception is an insurance term to which s.38 does not apply (GOV.UK: insurance contract started before 1 May 2026). Terms in mortgages and superior leases banning benefit claimants are void.

• Do not discriminate against renters who have childrenIn force since 1 May 2026Fine up to £7,000

  You cannot stop or discourage someone from renting because a child would live with or visit them, including by withholding information, blocking viewings, refusing a tenancy or using policies that disadvantage families.