New discrimination laws

What you need to know

• Discrimination based on benefits or family status is banned.

• Landlords must treat all applicants fairly and equally.

• Advertising and selection processes must be inclusive and transparent.

• Non-compliance could lead to legal action or reputational damage.

Key changes include

• Outlawing blanket bans on renting to families with children or people receiving benefits.
• Strengthening enforcement of anti-discrimination laws in the rental market.
• Improving transparency in how tenants are selected.

This will be enforced by

• Making it explicitly illegal to discriminate against benefit recipients.
• Allowing affected tenants to seek redress through the courts or ombudsman.
• Landlords can still refuse a tenant on the basis of  affordability, but not on the basis that the prospective tenant is in receipt of benefits.

Landlords will no longer be able to

• Impose blanket bans on children.
• Use tenancy clauses that indirectly exclude families.
• A landlord can no longer be compelled to discriminate by their mortgage or superior landlord agreement.
• A landlord can still deem a property unsuitable if the family size presents an overcrowding issue.

The new rules mean

• Local councils will be able to issue civil penalties of up to £7,000 for breaches of the new discrimination rules.

• Multiple penalties may be issued for continued or repeat breaches by landlords or letting agents.

• Those penalised will have the right to appeal to the First-tier Tribunal.

• Tenants and prospective tenants can pursue breaches through their local council, the courts, the Private Rented Sector Ombudsman or existing letting agent redress schemes.

To comply with the new rules

• Review advertising and application processes to ensure they are inclusive.
• Avoid language that could be seen as discriminatory (e.g. “professionals only”).
• Make decisions based on affordability and references, not assumptions about a tenant’s background.