A family’s search for a rented home should not be stopped simply because the applicants have children. Government guidance for England explains the rental-discrimination measures applying to assured and regulated tenancies from 1 May 2026. The measures cover landlords and people acting for them, including letting agents and referencing services.
The prohibited steps are broader than the wording of an advertisement. They can include preventing an applicant from obtaining information, viewing a home or entering a tenancy because they have children or receive benefits. A process can therefore create a barrier even when an advert does not contain an explicit exclusion.
Assess the application consistently
Landlords can assess whether rent is affordable, but the guidance says income requirements should be consistent and different forms of income, including benefits and pensions, treated equally. Increasing a requirement because someone has children or receives benefits can amount to discrimination. When applicants meet the requirements, those characteristics should not determine the choice between them.
The guidance recognises limited exceptions. A restriction involving children may be justified where it is a proportionate means of achieving a legitimate aim, such as a genuine suitability or overcrowding concern. That is not a general permission to exclude every family from a category of home. The facts and proportionality of the restriction matter.
Older contractual restrictions
Discriminatory terms in relevant superior leases and mortgages cannot be used to justify discrimination from 1 May 2026. Insurance contracts have a specific transition: a relevant pre-existing restriction can apply until the contract ends or is renewed. Contracts agreed or renewed from that date cannot justify such a restriction.
For an agent or landlord reviewing a process, our practical suggestion is to examine the whole applicant journey: advertising, enquiries, viewings, referencing and the final decision. Use the same stated criteria and seek advice where an exception is thought to apply.
This article summarises the England guidance, not the complete law on housing discrimination or property occupation. Other equality duties and licensing requirements may also matter. A reader facing a specific refusal should obtain current housing advice rather than rely on an archived discussion about a bill that had not yet passed.