Legislation – Renters’ Rights Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Renters’ Rights Act 2025, Section 35.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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.