Rental advertising in England changed significantly on 1 May 2026.
Landlords and letting agents can no longer lawfully make it harder for someone to rent a property simply because they receive benefits or have children.
That means phrases such as “No DSS”, “No benefits” or “No children” can create serious problems.
The new rules do not mean landlords have to accept every applicant. They do mean applicants must be assessed fairly.
What counts as rental discrimination?
Rental discrimination includes doing something that makes a person less likely to obtain a tenancy because:
- they receive benefits; or
- they have children.
The rule applies not only to landlords themselves, but also to people acting on their behalf, including letting agents and referencing services.
It can apply to advertising, enquiries, viewings, referencing and the final decision about who gets the property.
“No DSS” is no longer acceptable
The phrase “No DSS” has long been criticised, but the position is now clearer.
Landlords should not reject an applicant simply because part or all of their income comes from benefits.
They can still carry out affordability checks.
What they should not do is ignore benefit income while accepting other forms of income.
For example, if an applicant can demonstrate that their total income is sufficient to meet the rent, the fact that some of that income comes from benefits should not automatically disqualify them.
What about “No children”?
Blanket restrictions on families with children are also prohibited.
Landlords should not simply advertise a property as:
- adults only;
- no children;
- professionals only where that is being used to exclude families; or
- unsuitable for families without a genuine property-related reason.
The property and applicant should be considered individually.
There can still be legitimate reasons for refusal
Landlords retain the right to assess whether a property is suitable for a particular household.
For example, a refusal involving children may be justified where there is a genuine issue involving:
- overcrowding;
- property size;
- licensing restrictions;
- safeguarding concerns; or
- another legitimate and proportionate reason.
The important point is that the decision should be based on the actual circumstances rather than a blanket policy.
A landlord should be able to explain why the restriction was necessary and why a less restrictive approach would not have worked.
Affordability checks are still allowed
The new rules do not remove normal tenant-selection procedures.
Landlords can still consider:
- income;
- affordability;
- references;
- credit history;
- previous tenancy conduct;
- guarantors where appropriate; and
- whether the household is suitable for the property.
But the same standards should be applied consistently.
If one applicant is asked to prove income, comparable applicants should normally be assessed using the same approach.
Check how your referencing company works
This is particularly important for landlords using third-party referencing services.
A referencing company may create problems if its system automatically ignores benefit income or applies criteria that indirectly exclude certain applicants.
Landlords should ask:
- whether benefit income is counted;
- how affordability is calculated;
- whether applicants with children are treated differently;
- whether automated decisions are used; and
- how rejected applications are recorded.
Using a referencing company does not necessarily remove the landlord’s responsibility.
Mortgage and lease restrictions cannot automatically justify discrimination
Landlords may previously have relied on mortgage or superior-lease conditions restricting benefit claimants or families.
From 1 May 2026, discriminatory provisions in relevant tenancy agreements, mortgages and superior leases cannot generally be relied upon to justify this type of discrimination.
Landlords should therefore review older documents rather than assuming historic restrictions remain enforceable.
Insurance needs careful checking
There are transitional issues involving some older insurance contracts.
A pre-existing insurance policy containing restrictions may continue to have relevance until it ends or is renewed, depending on the circumstances.
Landlords should therefore check the actual policy wording and renewal date rather than relying on an old assumption about who the insurer will allow.
Once policies are renewed under the new regime, discriminatory restrictions should not simply be treated as a valid reason for refusal.
Financial penalties can be significant
Local authorities can take enforcement action where the rules are breached.
In England, financial penalties can reach up to £7,000 for each offence.
That means a poorly worded advert or discriminatory tenant-selection process can become much more than a reputational problem.
Audit your advertising now
Landlords and agents should review:
- property advertisements;
- website wording;
- social media posts;
- application forms;
- viewing scripts;
- affordability procedures;
- referencing criteria; and
- standard rejection emails.
Remove blanket phrases that exclude benefit recipients or families.
How does the position differ elsewhere in the UK?
These particular provisions apply to England.
Wales introduced similar protections in 2026 within its own Renting Homes framework.
Scotland has separate tenancy and anti-discrimination arrangements.
Northern Ireland also operates under its own private-tenancy legislation.
Landlords with properties across more than one nation should therefore use jurisdiction-specific procedures rather than assuming the English system applies everywhere.
Select tenants on evidence, not labels
The safest approach is simple.
Assess applicants according to affordability, references, suitability and the property itself.
Do not reject someone because they receive benefits or have children.
The move away from “No DSS” and “No children” policies is part of a wider shift towards more transparent and evidence-based tenant selection.
NetRent’s Landlord Legal Updates will continue to explain important changes affecting landlords, letting agents and tenants across the UK.
NetRent also supports landlords with landlord insurance, mortgages and property sales.
Telephone: 01352 721300
Email: support@netrent.co.uk
Important information
NetRent does not provide legal advice. The articles represent our understanding of rental property law and are for general information only.