“No DSS” and “no children” policies have a different legal footing in England today than they did when this archive article first appeared. The Renters’ Rights Act 2025 rental-discrimination measures took effect on 1 May 2026. The rules cover landlords and people acting for them, including letting agents and referencing services. They apply to assured and regulated tenancies in England; social and supported housing are outside this particular guidance. Scotland and Wales have different rules.
A blanket policy can stop a prospective tenant from seeing a property, arranging a viewing or entering a tenancy because they receive benefits or have children. Landlords and agents must not use those barriers. The protection also covers an assumption that someone has children or receives benefits, even if that assumption is wrong. Certain tenancy, mortgage and superior-lease terms that conflict with the new protections cannot be relied on. There are limited transitional rules for some insurance contracts that began before 1 May 2026; take specific advice before relying on one.
Assess affordability consistently
The law does not prevent a landlord from checking whether rent is affordable. It does require a fair and consistent approach. Set the same income test for every prospective tenant and count all income, including benefits and pensions, on an equal basis. Do not ignore benefit income, ask benefit recipients for a higher income threshold, or impose an extra guarantor requirement only because someone receives benefits. Use the same evidence standard for payslips, benefit statements, bank records and other reasonable proof. If an applicant does not meet a properly applied affordability requirement, a landlord can take that into account; the decision should be based on the requirement, not the source of income.
Children require a separate, narrower assessment
A landlord generally cannot refuse a household simply because a child under 18 would live at or visit the home. The law recognises a limited exception where a restriction is a proportionate way to achieve a legitimate aim. Genuine safety concerns, overcrowding, a relevant HMO licence condition or particular shared-facility risks may need careful assessment. The reason must be real and the restriction must go no further than necessary. Consider whether a practical change, a narrower limit or another reasonable measure would address the issue. A general preference for adult tenants or lower business costs is not enough. There is no equivalent “legitimate aim” exception for excluding benefit claimants.
Review the whole application journey
Start with adverts: remove “no DSS”, “professionals only” if it is being used to exclude benefits, and blanket “no children” wording. Check online forms, automated filters, referencing instructions, agent scripts, viewing arrangements and tenancy terms too. A policy can be discriminatory even when it is applied indirectly or by someone working for the landlord. Make sure any affordability assessment uses the same criteria for every applicant and records the actual reason for a decision. Give staff and agents written instructions and review how they are followed.
The Equality Act 2010 remains a separate and important protection concerning characteristics such as disability, race, sex and religion. The 2026 rules about children and benefits do not replace those duties or resolve every possible discrimination issue. Ask for qualified advice when a particular property, licence, insurance contract or household raises a difficult question.
A local authority may investigate a complaint and can issue a civil penalty of up to £7,000 for a first breach. Further penalties may apply to continuous or repeated breaches. That is a potential enforcement outcome, not an automatic charge in every disagreement. The safest practical approach is to remove blanket exclusions, assess each application against the same relevant criteria and keep clear records of the decision.
This is general information, not legal advice. Check the current rules before making a decision about a particular tenancy.
Official guidance checked 26 October 2026: Renters’ Rights Act overview for landlords: https://www.gov.uk/guidance/renters-rights-act-an-overview-for-landlords Rental discrimination: landlord guide: https://www.gov.uk/rental-discrimination-landlords If someone who gets benefits wants to rent: https://www.gov.uk/rental-discrimination-landlords/if-someone-who-gets-benefits-wants-to-rent-your-property If someone with children wants to rent: https://www.gov.uk/rental-discrimination-landlords/if-someone-who-has-children-wants-to-rent-your-property Rental discrimination guidance for local authorities: https://www.gov.uk/government/publications/rental-discrimination-under-the-renters-rights-act-2025/rental-discrimination-under-the-renters-rights-act-2025 Equality Act overview: https://www.gov.uk/discrimination-your-rights