Legislation – Renters’ Rights Act 2025
Part 1Tenancy reform
Chapter 3Discrimination in the rental market: England
Discrimination and discriminatory terms: children and benefits status
35Discriminatory terms in a tenancy relating to children or benefits status
(1)
A term of a relevant tenancy or regulated tenancy is of no effect so far as the term makes provision (however expressed) prohibiting the tenant from having a child live with or visit them at the dwelling or restricting the circumstances in which the tenant may have a child do so.
(2)
Subsection (1) does not apply if—
(a)
the provision is a proportionate means of achieving a legitimate aim, or
(b)
the landlord or a superior landlord is insured under a contract of insurance—
(i)
to which section 38 does not apply, and
(ii)
which contains a term which makes provision (however expressed) requiring the insured to prohibit the tenant from having a child live with or visit them at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit them at the dwelling,
and the provision in the tenancy is a means of preventing the insured from breaching that term.
(3)
A term of a relevant tenancy or regulated tenancy is of no effect so far as the term makes provision (however expressed) prohibiting the tenant from being a benefits claimant.
(4)
Subsection (3) does not apply if the landlord or a superior landlord is insured under a contract of insurance—
(a)
to which section 38 does not apply, and
(b)
which contains a term which makes provision (however expressed) requiring the insured to prohibit the tenant from being a benefits claimant,
and the provision in the tenancy is a means of preventing the insured from breaching that term.