Discrimination in Lettings: The New Ban on 'No DSS' and 'No Children' Under the Renters' Rights Act

Can a landlord still say "No DSS" or "No children"?

No. Since 1 May 2026, a landlord in England, or anyone acting for them, must not stop or deter someone from renting because they receive benefits or because a child would live with or visit them (Renters' Rights Act 2025, ss.33–34). Councils can fine up to £7,000 per breach. You can still turn down an applicant who cannot afford the rent, provided benefit income counts the same as wages.

What the Act bans

Section 33 deals with children and section 34 with benefits status. The two are drafted in parallel. Section 33(1) reads:

So the duty covers every stage of a let: the advert, answering enquiries, viewings, and the offer. A "relevant person" is the prospective landlord or "a person acting or purporting to act directly or indirectly on behalf of the prospective landlord" (s.42). That takes in letting agents and anyone else who handles applicants for you. A business that only publishes adverts or passes messages between landlords and applicants, such as a listing portal, is not liable for doing only that (MHCLG guidance).

The Act also removes the contract terms landlords used to point to (ss.35–38):

• Tenancy terms banning children or benefit claims have no effect.
• Superior lease terms of this kind were cancelled from 1 May 2026.
• Mortgage terms that stop tenants claiming benefits or having children at the property no longer have any effect.
• Insurance terms in a contract signed before 1 May 2026 last only until the policy ends or is renewed, whichever comes first. In new or renewed policies they have no effect.

Who is protected

Children. A child is anyone under 18 (s.42). The protection covers a child who would live at the property and one who would visit, so a grandparent whose grandchildren stay at weekends is covered.

Benefits claimants. The MHCLG guidance lists Universal Credit, Jobseeker's Allowance, Personal Independence Payment, Employment and Support Allowance, Income Support, legacy Housing Benefit, State Pension or Pension Credit, Council Tax Support, Child and Working Tax Credits, Child Benefit, Guardian's Allowance and Carer's Allowance. A salaried applicant who claims Child Benefit, or a pensioner drawing the State Pension, is a benefits claimant for these purposes.

Assumptions count. The guidance says a decision based on a belief that someone has children or receives benefits is still discrimination, even if the belief is false. The council does not need proof that the applicant actually claims benefits or has children.

What is unlawful and what is still allowed

Unlawful

• Adverts saying "No DSS", "No benefits", "Professionals only", "Working tenants only" or "No children".
• Refusing to share availability, rent or property details, or refusing a viewing, because you think the applicant has children or claims benefits.
• Telling a referencing firm to leave benefit income out of the affordability check.
• Asking only benefit claimants for a guarantor, extra checks or a higher income multiple.
• Refusing an applicant because your mortgage, head lease or a new insurance policy says "no benefits" or "no children". Those terms no longer have effect.

Still allowed

• An income requirement that is the same for every applicant and counts every source of income at full value. The Act says so directly:

• Declining an applicant who fails that requirement after all of their income has been counted.
• Asking every applicant for a guarantor when that is your standard policy.
• A restriction on children that is a proportionate means of achieving a legitimate aim (see below). There is no such exception for benefits.

Affordability checks councils will test

The MHCLG guidance tells landlords to set the same income requirement for everyone, treat all income equally, and not unreasonably refuse a way of evidencing income the applicant offers. When an applicant complains that they were refused on income, councils are told to consider:

• whether the applicant showed they could meet the income requirement you set;
• whether you counted all income, including benefits and pension, at equal value;
• whether the requirement was raised because the applicant has children or receives benefits.

One example in the guidance involves a landlord who accepted a tenant in principle. The landlord then couldn't get rent guarantee insurance from their preferred provider because the tenant received benefits, and the council found that discrimination had taken place. Check in writing whether your referencing product and any rent guarantee cover count benefit income. If they don't, change the product or bring that income back in yourself.

The children exception: a narrow defence

Under section 33(2), a restriction on children is lawful if you can show it is a proportionate means of achieving a legitimate aim. The guidance sets a high bar:

• Someone other than the landlord must benefit, for example peaceful retirement living or a child's safety. A purely financial aim, such as keeping costs down, is not legitimate.
• The aim must not itself be to exclude families.
• The restriction must be no wider than it needs to be.

The guidance gives two contrasting examples. A small retirement development that bars children from living on site but lets them visit was found not to be a breach. A landlord of a listed building with a dangerous spiral staircase who refused a family with a 16-year-old was found in breach. Banning all children was disproportionate when the hazard did not realistically apply to a teenager.

Rewriting your advert

Take out any of these phrases:

• "No DSS" / "No benefits" / "No housing benefit"
• "Professionals only" / "Working tenants only"
• "Not suitable for children" / "No children"
• "Couples only" or "Single occupant preferred", where the aim is to exclude families

A neutral advert states what the property is, the rent, and the affordability test that applies to everyone:

"Two-bedroom mid-terrace, £1,100 pcm, available 1 August. Affordability check applies to all applicants: combined gross household income of at least £33,000 a year from any source, including benefits, with evidence."

Penalties and enforcement

Local housing authorities enforce the ban (s.40):

• First breach: a civil penalty of up to £7,000. The government's civil penalties guidance sets a £6,000 starting point for this breach, which councils then adjust for aggravating and mitigating factors.
• Continuing breach: if the conduct continues more than 28 days after the final notice (or after an appeal is decided), a further penalty of up to £7,000.
• Repeat breach: if the same kind of breach happens again within 5 years of an earlier final notice, up to £7,000 for the new breach plus an additional penalty of up to £7,000.

Councils decide on the balance of probabilities, using evidence such as advert screenshots, messages to applicants and witness statements. Separately, an applicant can complain to a letting agent redress scheme where an agent was involved, or bring civil proceedings. Both routes can lead to an apology or compensation (MHCLG guidance).

Keep dated copies of each advert, your written income rule, and the reason for each accept or reject decision. That record is your answer if a complaint arrives.

Worked example: one rule, two applicants

A landlord lets a two-bedroom flat at £1,250 pcm. Two people apply:

• Applicant A: single, earning £36,000 a year.
• Applicant B: single parent earning £18,000, plus £9,500 a year Universal Credit and £1,300 a year Child Benefit, a total of £28,800.

The safe order is rule first, applicant second. Write your income test down before anyone applies, count every pound of income the same, and apply it to everyone.

Further reading

• Renters' Rights Act 2025: What Landlords Need to Know
• Tenant Referencing Without a Letting Agent
• Landlord Fines and Civil Penalties: What Councils Can Charge
• Right to Rent Checks: A Landlord's Guide

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