Tenant guide
Discrimination in Renting UK: DSS, Benefits & Families with Children 2026
Reviewed by a qualified UK housing solicitor • Updated: May 2026
Sources: GOV.UK, Shelter England, NRLA, Citizens Advice
Reading time: ~7 min
Law changed 1 May 2026 — this page reflects current rules.
The Renters' Rights Act 2025 makes it explicitly illegal for landlords or letting agents in England to refuse tenants because they receive benefits or because they have children. Existing Equality Act protections continue to apply to ethnicity, religion and disability.
What Discrimination Is Now Illegal
Landlords and agents cannot refuse you, set different terms, or terminate your tenancy because you receive Universal Credit, Housing Benefit or any other state support, or because you have or might have children.
Existing protected characteristics under the Equality Act 2010 — race, religion, disability, sex, gender reassignment, pregnancy and maternity, sexual orientation and age — continue to apply.
How Landlords Must Assess Applicants
Assessments must be based on affordability and suitability for the specific property, not blanket category exclusions. Affordability is usually evidenced by income (including benefits), savings or a guarantor.
How to Report a Discriminatory Landlord
Multiple routes exist depending on the nature of the discrimination.
- Letting agent's redress scheme — Property Ombudsman or PRS
- Equality and Human Rights Commission for protected characteristics
- Private Rented Sector Ombudsman (when live, late 2026)
- County court claim under the Equality Act 2010
Evidence to Collect
Screenshots of adverts mentioning 'No DSS' or 'No children', email exchanges, dated text messages, and witness statements from anyone who heard a refusal. The clearer the evidence, the stronger the claim.
Compensation Available
Discrimination claims under the Equality Act can result in damages, injunctions and a declaration. Typical awards range from £900 to over £10,000 depending on the severity and impact.
Frequently asked questions
Can a landlord still ask for proof of income?+
Yes — affordability checks are legitimate provided they apply equally and consider benefits as income.
Can a guarantor be required only for benefits claimants?+
Requiring a guarantor only for benefits recipients would likely amount to indirect discrimination.
What if a letting agent refuses on the landlord's behalf?+
Both the agent and the landlord can be liable. Report to the agent's redress scheme and the Property Ombudsman.