Fair letting
Do not discriminate against renters who have children
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.
- Status
- In force since 1 May 2026
- Penalty
- Civil penalty up to £7,000
- Topic
- Fair letting
Who it applies to
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 (agents, referencing services, friends or family).
What you must do
Do not, because a child would live with or visit the person, prevent them from enquiring about availability, accessing information, viewing, or entering into a tenancy; and do not apply any provision, criterion or practice that makes people with children less likely to rent. 'No children' terms in tenancies, superior leases and mortgages are void.
- Deadline
Ongoing
Evidence to keep
- Advert copies without 'no children' wording
- Written lettings policy
- Records of viewing offers and decisions with reasons
- If relying on an exception: written justification (proportionate means of achieving a legitimate aim) or the pre-1 May 2026 insurance contract term
If you do not comply
- Civil penalty
- Up to £7,000
- Other consequences
- Council financial penalty of up to £7,000 per breach (balance of probabilities); further £7,000 penalties every 28 days for a continuing breach after a final notice, and an additional £7,000 for a repeat breach of the same section within 5 years (s.40). Landlord and agent can each be fined.
The law
- Renters' Rights Act 2025, s.33 (discrimination relating to children)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
Notes
Exceptions: conduct that is a proportionate means of achieving a legitimate aim (e.g. genuine overcrowding, licence conditions, shared student housing, unresolvable safeguarding concerns), or compliance with a landlord insurance term barring children in a contract to which RRA s.38 does not apply (GOV.UK: contract started before 1 May 2026 and not renewed since). Pure advertising platforms are excluded (s.33(3)).
Other fair letting rules
1 ruleYou cannot stop or discourage someone from renting because they receive benefits. 'No DSS' policies are illegal and affordability checks must count benefit income like any other income.