Rental Discrimination
What Is Rental Discrimination?
Finding somewhere to rent can be stressful, but every tenant should have a fair opportunity to secure a home.
The Renters’ Rights Act introduced new protections to prevent landlords and letting agents from treating prospective tenants unfairly simply because they:
- have children
- receive benefits
The Act also introduced new rules to stop rental bidding wars, helping to ensure properties are advertised and let more fairly.
These measures are designed to make the private rented sector more accessible and transparent for everyone.
Protection for Families
For many years, some landlords and letting agents advertised properties using phrases such as:
- “No Children”
- “Professionals Only”
- “Adults Only”
Under the Renters’ Rights Act, landlords and agents cannot refuse to rent a property simply because a tenant has children.
This protection applies throughout the letting process, including when someone:
- asks about a property
- requests a viewing
- applies to rent
- is already renting and their circumstances change
Every applicant should be considered on their individual circumstances rather than being automatically excluded because they have children.
Protection for Benefit Claimants
The Act also makes it unlawful for landlords and letting agents to refuse applicants simply because they receive benefits.
Previously, some property adverts included phrases such as:
- “No DSS”
- “No Benefits”
- “Working Professionals Only”
The new rules mean applicants should be assessed fairly and not rejected purely because they receive Universal Credit, Housing Benefit or other qualifying benefits.
Rental Bidding Wars
Another important change is the ban on rental bidding wars.
Previously, some landlords or letting agents advertised a property at one price before encouraging applicants to offer a higher monthly rent to secure it.
This often resulted in tenants competing against one another and paying significantly more than the advertised rent.
Under the Renters’ Rights Act:
- properties should be advertised with a clear rental price
- landlords and letting agents must not invite or encourage offers above the advertised rent
- landlords cannot accept a higher rent than the advertised price through a bidding process
These rules are intended to create a fairer and more transparent rental market.
What Doesn't Count as Discrimination?
The new rules don’t mean every applicant must be accepted.
Landlords can still make reasonable decisions based on legitimate factors such as:
- whether the property is affordable for the applicant
- satisfactory references
- credit history
- previous tenancy history
- legal occupancy limits
- the suitability of the property for the household
What they cannot do is refuse someone solely because they have children or receive benefits.
What Can I Do If I've Been Treated Unfairly?
If you believe you’ve experienced rental discrimination, it’s a good idea to keep copies of:
- property advertisements
- emails or messages
- application forms
- correspondence with the landlord or letting agent
You may also wish to:
- ask the landlord or letting agent to explain their decision
- make a formal complaint
- seek independent housing advice
- report the matter to your local council where appropriate
Local authorities have powers to investigate breaches of the Renters’ Rights Act and take enforcement action where necessary.
Common Misunderstandings
“A Landlord Has to Rent to Me”
No.
Landlords can still choose the tenant they believe is most suitable, provided they don’t unlawfully discriminate.
“A Landlord Can’t Carry Out Referencing”
Incorrect.
Landlords can still carry out affordability checks, references and other reasonable enquiries before offering a tenancy.
“Properties Can Still Be Advertised as ‘No DSS'”
No.
Blanket bans on applicants who receive benefits are no longer permitted.
“I Can Offer More Rent to Beat Another Applicant”
Not under the new rules.
Landlords and letting agents must not invite, encourage or accept offers above the advertised rent as part of a bidding process.
Frequently Asked Questions
Can a Landlord Refuse Me Because I Have Children?
No.
A landlord or letting agent cannot refuse to rent a property simply because you have children.
Can a Landlord Refuse Me Because I Receive Benefits?
No.
Receiving benefits alone should not be a reason for refusing your application.
Are Rental Bidding Wars Illegal?
Landlords and letting agents must advertise a specific rent and must not invite, encourage or accept offers above that advertised amount through a bidding process.
Can a Landlord Still Carry Out Credit Checks?
Yes.
The new rules don’t prevent landlords from carrying out reasonable referencing or affordability checks.
What Should I Do If I Think I’ve Been Discriminated Against?
Keep as much evidence as possible and seek advice. Depending on the circumstances, you may be able to make a complaint or report the matter to your local council.
Key Takeaways
- Landlords and letting agents cannot refuse tenants simply because they have children.
- Applicants cannot be refused simply because they receive benefits.
- Rental bidding wars are no longer permitted.
- Landlords can still carry out reasonable affordability and referencing checks.
- If you believe you've been treated unfairly, keep evidence and seek advice as soon as possible.
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