Legislation – Renters’ Rights Act 2025

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Part 1Tenancy reform

Chapter 3Discrimination in the rental market: England

Discrimination and discriminatory terms: children and benefits status

33Discrimination relating to children

(1)

A relevant person must not, in relation to a dwelling that is to be let on an agreement which may give rise to a relevant tenancy—

(a)

on the basis that a child would or may live with or visit a person at the dwelling if the dwelling were the person’s home, prevent the person from—

(i)

enquiring whether the dwelling is available for let,

(ii)

accessing information about the dwelling,

(iii)

viewing the dwelling in order to consider whether to seek to rent it, or

(iv)

entering into a tenancy of the dwelling, or

(b)

apply a provision, criterion or practice in order to make people who would have a child live with or visit them at the dwelling, if it were their home, less likely to enter into a tenancy of the dwelling than people who would not.

(2)

Subsection (1) does not apply if—

(a)

the relevant person can show that the conduct is a proportionate means of achieving a legitimate aim, or

(b)

the relevant person can show that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, 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 a tenant under a relevant tenancy from having a child live with or visit them at the dwelling or to restrict the circumstances in which such a tenant may have a child live with or visit them at the dwelling,

and the conduct is a means of preventing the insured from breaching that term.

(3)

Conduct does not breach the prohibition in subsection (1) if it consists only of—

(a)

one or more of the following things done by a person who does nothing in relation to the dwelling that is not mentioned in this paragraph—

(i)

publishing advertisements or disseminating information;

(ii)

providing a means by which a prospective landlord can communicate directly with a prospective tenant;

(iii)

providing a means by which a prospective tenant can communicate directly with a prospective landlord, or

(b)

things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Secretary of State.

34Discrimination relating to benefits status

(1)

A relevant person must not, in relation to a dwelling that is to be let on an agreement which may give rise to a relevant tenancy—

(a)

on the basis that a person is or may be a benefits claimant, prevent the person from—

(i)

enquiring whether the dwelling is available for let,

(ii)

accessing information about the dwelling,

(iii)

viewing the dwelling in order to consider whether to seek to rent it, or

(iv)

entering into a tenancy of the dwelling, or

(b)

apply a provision, criterion or practice in order to make benefits claimants less likely to enter into a tenancy of the dwelling than people who are not benefits claimants.

(2)

Subsection (1) does not apply if the relevant person can show that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, 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 a tenant under a relevant tenancy from being a benefits claimant,

and the conduct is a means of preventing the insured from breaching that term.

(3)

Conduct does not breach the prohibition in subsection (1) if it consists only of—

(a)

one or more of the following things done by a person who does nothing in relation to the dwelling that is not mentioned in this paragraph—

(i)

publishing advertisements or disseminating information;

(ii)

providing a means by which a prospective landlord can communicate directly with a prospective tenant;

(iii)

providing a means by which a prospective tenant can communicate directly with a prospective landlord, or

(b)

things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Secretary of State.

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.

36Terms in superior leases relating to children or benefits status

(1)

A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to—

(a)

prohibit a sub-tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or

(b)

restrict the circumstances in which a sub-tenant under a relevant tenancy or regulated tenancy may have a child live with or visit them at the dwelling.

(2)

Subsection (1) does not apply if—

(a)

the provision is a proportionate means of achieving a legitimate aim, or

(b)

the landlord under the lease 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 a sub-tenant from having a child live with or visit them at the dwelling or to restrict the circumstances in which a sub-tenant may have a child live with or visit them at the dwelling,

and the provision in the lease is a means of preventing the insured from breaching that term.

(3)

A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to prohibit a sub-tenant under a relevant tenancy or regulated tenancy from being a benefits claimant.

(4)

Subsection (3) does not apply if the landlord under the lease 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 a sub-tenant from being a benefits claimant,

and the provision in the lease is a means of preventing the insured from breaching that term.

(5)

For the purposes of this section, the terms of a lease include—

(a)

the terms of any agreement relating to the lease, and

(b)

any document or communication from the landlord that gives or refuses consent for sub-letting under the lease to a category or description of person.

37Terms in mortgages relating to children or benefits status

(1)

A term of a mortgage of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring the mortgagor to—

(a)

prohibit a tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or

(b)

restrict the circumstances in which a tenant under a relevant tenancy or regulated tenancy may have a child live with or visit them at the dwelling.

(2)

A term of a mortgage of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a mortgagor to prohibit a tenant under a relevant tenancy or regulated tenancy from being a benefits claimant.

38Terms in insurance contracts relating to children or benefits status

(1)

A term of a contract of insurance to which this section applies is of no effect so far as the term makes provision (however expressed) requiring the insured to—

(a)

prohibit a tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or

(b)

restrict the circumstances in which a tenant under a relevant tenancy or a regulated tenancy may have a child live with or visit them at the dwelling.

(2)

A term of a contract of insurance to which this section applies is of no effect so far as the term makes provision (however expressed) requiring the insured to prohibit a tenant under a relevant tenancy or regulated tenancy from being a benefits claimant.

(3)

This section applies to contracts of insurance which were entered into or whose duration was extended on or after the day on which this section comes into force.

Discrimination and discriminatory terms: power to protect others

39Power of the Secretary of State to protect others

(1)

If the Secretary of State is satisfied that—

(a)

a discriminatory rental practice exists in relation to dwellings that are to be let on agreements which may give rise to relevant tenancies (“relevant rental dwellings”), and

(b)

because of that discriminatory rental practice, the victims of that practice are significantly less likely to enter into relevant tenancies of dwellings than other people,

the Secretary of State may make regulations prohibiting that discriminatory rental practice.

(2)

A “discriminatory rental practice” exists in relation to relevant rental dwellings if some or all relevant persons—

(a)

on the basis that people are members of a particular group, prevent those people from—

(i)

enquiring whether relevant rental dwellings are available for let,

(ii)

accessing information about relevant rental dwellings,

(iii)

viewing relevant rental dwellings in order to consider whether to seek to rent them, or

(iv)

entering into tenancies of relevant rental dwellings, or

(b)

apply a provision, criterion or practice in order to make a particular group of people less likely to enter into tenancies of relevant rental dwellings than people not in that group.

(3)

The “victims” of a discriminatory rental practice are—

(a)

where a particular group of people are prevented from doing the things mentioned in subsection (2)(a), the people in that group;

(b)

where a provision, criterion or practice is applied in order to make a particular group of people less likely to enter into tenancies as mentioned in subsection (2)(b), the people in that group.

(4)

Regulations “prohibiting” a discriminatory rental practice are regulations relating to—

(a)

the discriminatory rental practice, and

(b)

the persons who are the victims of it,

which make provision corresponding to the other anti-discrimination legislation in this Chapter

(5)

The “other anti-discrimination legislation in this Chapter” is—

(a)

sections 33 and 34, except for sections 33(3)(b) and 34(3)(b), and

(b)

sections 35 to 38;

but regulations under this section may make provision corresponding to the provision that may be made under section 33(3)(b) or 34(3)(b).

(6)

Before making regulations prohibiting a discriminatory rental practice, the Secretary of State must consult such of the following persons as the Secretary of State considers appropriate—

(a)

victims of the discriminatory rental practice or one or more representatives of such persons;

(b)

landlords and prospective landlords under relevant tenancies or one or more representatives of such persons;

(c)

landlords under regulated tenancies or one or more representatives of such persons;

(d)

other landlords and prospective landlords under leases of premises that consist of or include a dwelling or one or more representatives of such persons;

(e)

mortgagees of dwellings or one or more representatives of such persons;

(f)

insurers of dwellings or one or more representatives of such persons;

(g)

local housing authorities or one or more representatives of local housing authorities.

(7)

For that purpose a “representative” of persons of a particular kind, or of local housing authorities, is a body or other person which appears to the Secretary of State to represent the interests of persons of that kind, or of local housing authorities.

Discrimination: financial penalties

40Financial penalties for breach of anti-discrimination provisions

(1)

A local housing authority may impose a financial penalty under this subsection on a person if satisfied on the balance of probabilities that the person has breached a requirement imposed by—

(a)

section 33 or 34, or

(b)

provision in regulations made under section 39.

(2)

More than one financial penalty may be imposed under subsection (1) on the same person in respect of the same conduct only if—

(a)

the conduct continues after the end of 28 days beginning with the day after that on which the previous penalty in respect of the conduct was imposed on the person, unless the person appeals against the decision to impose the penalty within that period, or

(b)

if the person appeals against the decision to impose the penalty within that period, the conduct continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.

(3)

Where a person applies a single provision, criterion or practice on more than one occasion in relation to the same dwelling, each application of that provision, criterion or practice is to be treated as the same conduct for the purposes of subsection (2).

(4)

If—

(a)

the local housing authority imposes a financial penalty under subsection (1) on a person, and

(b)

within the period of five years ending with the date on which that penalty was imposed, a previous financial penalty under subsection (1) was imposed on that person in relation to a breach of the same section or provision in regulations made under section 39,

then the local housing authority may impose an additional financial penalty under this subsection on that person.

(5)

The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £7,000.

(6)

Neither subsection (2) nor subsection (4) enables a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.

(7)

Where—

(a)

a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and

(b)

the breaches in relation to which the local housing authority is so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others,

the local housing authority may impose a financial penalty under that subsection on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it.

(8)

The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.

(9)

Local housing authorities must have regard to any guidance issued under subsection (8).

(10)

The Secretary of State may by regulations amend the amount specified in subsection (5) to reflect changes in the value of money.

(11)

For the purposes of this section—

(a)

a financial penalty is imposed under this section on the date specified in the final notice as the date on which the notice is given, and

(b)

“final notice” has the meaning given by paragraph 6 of Schedule 5.

Supplementary

41No prohibition on taking income into account

Nothing in this Chapter prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under a relevant tenancy.

42Interpretation of Chapter 3

(1)

In this Chapter—

“benefits claimant” means a person who—

(a)

is entitled to payments (including payments made directly to a landlord) under or by virtue of the Social Security Contributions and Benefits Act 1992 or the Welfare Reform Act 2012, or would be so entitled were a relevant tenancy to be granted to the person,

(b)

is entitled to payments (including payments made directly to a landlord) under or by virtue of the Jobseekers Act 1995, the State Pension Credit Act 2002, the Tax Credits Act 2002, the Welfare Reform Act 2007 or the Pensions Act 2014,

(c)

is in receipt of a reduction in the amount of council tax payable in respect of the person’s current home under a scheme made by a billing authority under or by virtue of section 13A of the Local Government Finance Act 1992, or

(d)

would be entitled to a reduction in the amount of council tax payable in respect of the dwelling in question under a scheme made by the billing authority in whose area the dwelling is situated under or by virtue of section 13A of the Local Government Finance Act 1992, if the person were to—

(i)
rent the dwelling on a relevant tenancy, and
(ii)
if an application is a precondition of entitlement, apply to the billing authority for a reduction under the scheme;

“child” means a person under the age of 18;

“dwelling” means a “dwelling-house” within the meaning of Part 1 of the 1988 Act (see section 45 of that Act) in England;

“prospective landlord” means a person who proposes to let a dwelling on an agreement which may give rise to a relevant tenancy;

“prospective tenant” means a person seeking to find a dwelling to rent;

“regulated tenancy” has the same meaning as in the Rent Act 1977 (see section 18 of that Act);

“relevant person”, in relation to a relevant tenancy, means—

(a)

the prospective landlord;

(b)

a person acting or purporting to act directly or indirectly on behalf of the prospective landlord;

“relevant tenancy” means an assured tenancy within the meaning of the 1988 Act, other than a tenancy that is—

(a)

a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008, or

(b)

a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2 to the 1988 Act.

(2)

In this Chapter a reference to doing something on the basis of particular facts includes reference to doing it on the basis of a belief in those facts.