Ban on 'No DSS' and 'no children' lettings

The Renters' Rights Act discrimination ban makes it unlawful for landlords and letting agents in England to turn people away because they have children or receive benefits. That rules out "No DSS" and "no children" adverts, blanket policies and referencing rules that have the same effect. You can still check whether an applicant can afford the rent. A breach can cost up to £7,000.

What does the Renters' Rights Act discrimination ban cover?

The ban has applied since 1 May 2026. You, or anyone acting for you, must not:

• stop a person from enquiring about, getting information on, viewing or renting a property because a child would live with them or visit them, or because they are, or may be, a benefits claimant; or
• apply a rule or practice that makes people with children, or benefit claimants, less likely to get a tenancy.

The first limb catches direct refusals, such as an agent who won't book a viewing for a family. The second catches policies that look neutral but filter these groups out.

The rules apply in England. Wales and Scotland have their own rules on this, so don't assume the same approach applies there.

What can you still do?

The Act leaves landlords some room:

• Check affordability. You can take an applicant's income into account. GOV.UK confirms that affordability-based referencing is allowed. Base the decision on whether the applicant can afford the rent, not on where the income comes from.
• Rely on a justified reason about children. A restriction relating to children is allowed if you can show it is "a proportionate means of achieving a legitimate aim". That is a narrow defence. If you think it applies, write down why, and take advice from a solicitor before relying on it.
• Advertise on platforms. Websites that only publish adverts or provide a way to make contact are not caught by the ban, but the content of your advert is.

What about mortgage, lease and insurance terms?

Many landlords had restrictions imposed on them by lenders, freeholders or insurers. The Act deals with each:

Type of term	Position since 1 May 2026
Mortgage term barring letting to people with children or benefit claimants	No effect
Superior lease term barring these groups	No effect, except a restriction relating to families with children where it is proportionate
Insurance contract made before 1 May 2026 that requires the restriction	Still allows it, but only until the contract is renewed or extended
Insurance contract made or extended on or after 1 May 2026	Any such term is void

If your insurance renews soon, the restriction will fall away at renewal. Check that your agent and referencing provider know this too.

What is the penalty?

Your council can impose a civil penalty of up to £7,000 for a breach, decided on the balance of probabilities. There are further penalties:

• an additional penalty if the same breach is repeated within 5 years of a penalty; and
• a further penalty if the conduct continues more than 28 days after a penalty.

It is not a criminal offence in England. The ban applies to the landlord and to anyone acting for them, so an agent who runs a "no DSS" policy on your behalf can be penalised as well. See all the amounts in our guide to Renters' Rights Act fines.

How to check your adverts and referencing

Go through every advert, listing template, email script and referencing rule you or your agent use.

Wording or practice	Risk	What to do instead
"No DSS", "No benefits", "No housing benefit"	Directly banned	Remove it
"No children", "Suit a professional couple without children"	Directly banned	Describe the property, not the household
"Working professionals only"	Risks shutting out benefit claimants, a practice the ban covers	Remove it and rely on affordability checks
Refusing viewings to people who mention Universal Credit	Directly banned	Offer viewings on the same basis to everyone
An income rule applied only to benefit claimants	A practice that makes them less likely to get a tenancy	Apply the same affordability check to every applicant
Agent's internal "no families" filter	Banned for anyone acting for you	Give your agent written instructions that you don't apply these filters

If a tenant on Universal Credit later falls behind, the normal rent arrears rules apply. Our guide to Universal Credit and rent arrears explains how the Ground 8 rules treat payment delays.

Example. Your agent receives an enquiry from a single parent who receives Universal Credit, for a two-bedroom flat at £950 a month. Under the ban, the agent must give them the same information and the same chance to view as anyone else. If they apply, the agent runs the same affordability check used for every applicant, looking at whether the household income covers the rent. If it does, their benefits and their child are not reasons to refuse. If it doesn't, the agent records that the decision was based on affordability.

Working with letting agents

The ban applies to "a landlord, or anyone acting for them". In practice:

1. Tell your agent in writing that you don't restrict lettings by children or benefits.
2. Ask to see the agent's advert templates and referencing criteria.
3. Check that the agent's screening questions don't ask whether the applicant claims benefits in a way that is used to filter them out.
4. Keep a record of how you chose between applicants, based on the property and affordability.

The same applicants are protected by the rental bidding ban, so you also can't choose between them by inviting higher offers.

What to do next

Update your adverts and referencing rules this week, and add the check to your letting routine. Our Renters' Rights Act landlord checklist covers the other rules for finding a tenant, and the Renters' Rights Act hub explains every change the Act made.