Lawbite: Renters’ Rights Act 2025: Turning the Spotlight on Lettings Discrimination

The Renters’ Rights Act 2025 (“RRA”) introduces targeted anti-discrimination protections for private renters in England.  

Sections 33 to 35, now in force, prohibit landlords and letting agents from excluding prospective tenants because they have children or receive benefits, and render certain discriminatory tenancy terms ineffective. 

The provisions apply to relevant private residential and mixed-use tenancies, including assured and Rent Act 1977 regulated tenancies, but not social housing or supported accommodation.

Landlords, letting agents and institutional residential investors should review adverts, referencing criteria, affordability assessments and standard tenancy terms to ensure compliance and reduce enforcement and discrimination risk.

Who is protected?

Sections 33 to 35 of the RRA target discrimination against two groups of private renters in England:

1. people who have, or may have, a child under 18 living with or visiting them at the property; and 
2. people who are, or may be, benefits claimants. 

For ease, we refer to these as the “Protected Groups”, but this is a shorthand for this note only: these categories are not new Equality Act 2010 protected characteristics.

The provisions apply to a prospective landlord and to anyone acting, or purporting to act, directly or indirectly on behalf of a prospective landlord, including letting agents (a “Relevant Person”). 

What conduct is caught?

A Relevant Person must not:

• prevent a person in either Protected Group from enquiring about a property, accessing information, viewing it, or entering into a tenancy, and/or
• apply a provision, criterion or practice which makes people in either Protected Group less likely to secure a tenancy. 

Section 35 also makes certain discriminatory tenancy terms ineffective.  A tenancy term will be of no effect so far as it prohibits or restricts children living with or visiting the tenant, or prohibits the tenant from being a benefits claimant. 

Landlords who breach the anti-discrimination provisions face a fine of up to £7,000, with further penalties possible for repeated or continuous breaches.

Key Points:

• Blanket “no children” and “no DSS” policies are high risk. The RRA gives local authorities a clearer enforcement route, and landlords should expect greater scrutiny of adverts, referencing criteria and informal screening practices.
• Affordability checks remain permitted, but must be applied consistently. Landlords should take account of all income sources, including benefits and pensions, and avoid criteria that treat benefits income as lower value.
• The exceptions are narrow. Children-related restrictions may be justified only where they are a proportionate means of achieving a legitimate aim; there is no equivalent general justification defence for benefits-status discrimination.
• There is also a limited exception which applies where a landlord’s insurance (obtained before 1 May 2026) prohibits children or benefit claimants from living in the property. Once the insurance contract ends or renews, that exception no longer applies.
• Landlords should review tenancy terms, agent instructions and referencing processes now. This is likely to attract complaints, particularly as renters and litigants in person increasingly use AI tools to identify and pursue discrimination arguments.
• The RRA protections against discrimination extend to some extent to Wales. The Renting Homes (Miscellaneous Amendments) (Wales) Regulations 2026 introduce new fundamental terms into most secure, fixed-term standard and periodic standard occupation contracts under the Renting Homes (Wales) Act 2016. These terms prohibit discrimination against contract-holders because they have children or claim welfare benefits, subject to a limited insurance-related exception. For existing occupation contracts, landlords must provide a written statement of the varied terms, or the contract as varied, within 14 days of the changes taking effect.