Rental discrimination under the Renters’ Rights Act 2025
By Sarah Salmon
The Renters’ Rights Act 2025 (“RRA 2025”) introduces anti-discrimination provisions aimed at protecting prospective tenants and occupiers from unfair treatment in the private rented sector in England.
When will the provisions come into force?
In the “Renters’ Rights Act 2025: Implementation roadmap” guidance published on 13 November 2025, it is set out that the provisions on discrimination will come into force on 1 May 2026 during the commencement and transitional provisions for Phase 1. The guidance available for local authorities – “Rental discrimination under the Renters’ Rights Act 2025” – also details that the new measures will apply to all assured and regulated tenancies on and from 1 May 2026. It does not matter if the tenancy was agreed or entered into before or after 1 May 2026.
What is meant by “rental discrimination”?
The “Rental discrimination under the Renters’ Rights Act 2025” guidance sets out that
“rental discrimination is the unfair treatment of people in the private rented sector who have children or receive benefits. Decisions based on something believed to be true, such as that a tenant has children or receives benefits, are still discrimination, even if the belief is false”.
Who do the provisions apply to?
The provisions only apply to a “relevant tenancy” which is an assured tenancy within the meaning of the Housing Act 1988 but not a social housing tenancy (within the meaning of Part 2 of the Housing and Regeneration Act 2008), or a tenancy of supported accommodation (within the meaning given by paragraph 12 of Schedule 2 to the Housing Act 1988).
Where there is a “relevant tenancy”, the provisions apply to “relevant persons” defined in section 42, RRA 2025 as the prospective landlord and/or a person acting or purporting to act directly or indirectly on behalf of the prospective landlord.
Discrimination – England
The provisions relating to rental discrimination in England can be found in sections 33 to 42 of the RRA 2025. The Act prevents a relevant person from discriminating in relation to a dwelling that is to be let on an agreement which may give rise to a relevant tenancy against a person on the basis that: (a) a child would or may live with or visit a person at the dwelling if the dwelling were the person’s home; and/or (b) against a person because they are, or may be, a benefits claimant.
Children who would or may live with or visit a person
In relation to children, a relevant person must not prevent the person from enquiring whether the dwelling is available for let, accessing information about the dwelling, viewing the dwelling in order to consider whether to seek to rent it, or entering into a tenancy of the dwelling: section 33(1)(a), RRA 2025. A relevant person must also not 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: section 33(1)(b), RRA 2025.
The provisions in relation to children in section 33(1) do not apply, however, if the relevant person can show that the conduct is a proportionate means of achieving a legitimate aim.
Further, if the prospective landlord, or a person who would be a superior landlord in relation to the dwelling, is the subject of a contract of insurance which includes a term which would be breached by having a child live with or visit a tenant at the dwelling, the provision does not apply. It should be noted, however, that this exception is only relevant where section 38, RRA 2025 does not apply. Section 38 has the consequence that discriminatory terms in insurance contracts are of no effect where they are agreed or renewed on and from 1 May 2026.
Benefit claimants
Under section 34, RRA 2025, it will be unlawful for a relevant person to discriminate against a person because they are, or may be, a benefits claimant. This includes preventing them from enquiring about, accessing information on, viewing, or entering into a tenancy. Relevant persons must also not apply a provision, criterion or practice that would make it less likely for benefits claimants to secure a tenancy.
There is an exception if the discrimination is required by specific insurance terms subject, like the provisions relating to children, subject to section 38 of the RRA 2025.
Conduct which is not a breach
Further to the exceptions set out above, it will also not be a breach of the rental discrimination provisions if the conduct only consists of publishing advertisements or facilitating direct communication between prospective landlords and tenants or is conduct of a description to be set out in regulations at a later date: sections 33(3) and 34(3), RRA 2025.
Terms of tenancy agreements
Under section 35, RRA 2025, any term in a tenancy agreement that prohibits tenants from having children live with or visit them, or from being a benefits claimant, is of no effect unless it is a proportionate means of achieving a legitimate aim or is required by certain insurance policies.
Expanding the provisions
Section 39, RRA 2025 allows the Secretary of State to make regulations, following consultation, in relation to discriminatory rental practices.
Penalties for breach
Under section 40, RRA 2025, a local housing authority can impose a financial penalty on a relevant person if it decides, on the balance of probabilities, that they have breached requirements under sections 33, 34, or regulations under section 39.
Such penalties can be issued for the same behaviour if the conduct continues 28 days after the previous penalty (either after the 28-day appeal window closes, or, if the person appeals, 28 days after the appeal is determined, withdrawn or abandoned). Each application of a specific provision, criterion or practice is treated as the same behaviour where a person applies a single provision, criterion or practice on more than one occasion in relation to the same dwelling.
If someone has been fined for breaching the same provision in the past five years, the authority may issue an additional penalty. It is for the authority to set the penalty amount, up to a maximum of £7,000. The maximum amount can be amended by the Secretary of State to reflect inflation.
The Secretary of State can issue guidance on how authorities should use these powers, and councils must take that guidance into account. In relation to penalties, the current guidance published on 13 November 2025 – “Civil penalties under the Renters’ Rights Act 2025 and other housing legislation” – suggests the starting point for discrimination against those on benefits or with children in the lettings process under sections 33 and 34 should be £6,000.
Where multiple people are responsible for the same conduct, the authority may fine them jointly, and they are jointly and severally liable.
New Guidance
All the guidance that has been issued can currently be found here. The following guidance mentioned in this article is available at the following links.
- 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.
- For landlords and letting agents: https://www.gov.uk/guidance/renting-out-your-property-guidance-for-landlords-and-letting-agents/rental-discrimination-a-guide-for-landlords.
Comment
The RRA 2025 makes it unlawful for landlords and their agents to discriminate against prospective tenants on the basis of benefits status or the presence of children, both in the letting process and within the terms of tenancy agreements. The Act also empowers the Secretary of State (in England) to take further steps to prohibit broader discriminatory rental practices. These provisions are enforced by financial penalties as well as offending tenancy terms not having effect.
There are some terms within these provisions which housing and property practitioners will be familiar with from other legislation i.e. “provision, criterion or practice” from the Equality Act 2010 and “proportionate means of achieving a legitimate aim” from the European Convention on Human Rights as incorporated into law by the Human Rights Act 1998 and the Equality Act. How such phrases will be interpreted under the RRA 2025 is yet to be seen but it is likely that similar approaches to those seen under the existing legislation will be taken.
Wales and Scotland
Readers should note that there are specific provisions relating to rental discrimination in Wales set out in sections 43 to 49, RRA 2025 which will have implications for landlords. By way of example, section 46 introduces new sections 54A and 54B into the Renting Homes (Wales) Act 2016 creating new fundamental provisions which are incorporated as a term of all occupation contracts save in some limited circumstances. Cornerstone Barristers will cover the position in Wales in a separate article in due course.
At sections 50-55 there are provisions relating to discrimination in the rental market in Scotland.
