No. In England, since 1 May 2026, a landlord or letting agent cannot refuse to rent to you, or put you off applying, because you have children or receive benefits. They can still check that you can afford the rent, and in limited cases restrict children where there is a real, proportionate reason such as safety or licensing rules.
These rules come from the Renters’ Rights Act 2025 and apply in England only. This guide does not cover Scotland, Wales or Northern Ireland.
What the rules ban
GOV.UK guidance says landlords and agents must not do anything that would make you less likely to get a tenancy because you have children. That includes:
- adverts that rule out families with children or people on benefits
- refusing to share details about a property, or to let you view it
- refusing to let you sign a tenancy
- asking only benefit claimants for a guarantor when other applicants are not asked for one
“Children” means anyone under 18 who would live at or visit the property. The same rules protect people who receive benefits, including Universal Credit.
The rules cover landlords and agents letting assured and regulated tenancies, and anyone acting for them. They do not cover social or supported housing. A mortgage or superior lease term that bans children or benefit claimants can no longer be enforced. An insurance policy with that kind of term only stays valid until it renews after 1 May 2026.
What a landlord can still do
Check affordability. A landlord can take your income into account to decide if the rent is affordable. They should set the same income requirement for everyone and treat all income equally, including benefits.
Choose between applicants, fairly. If several people pass the income check, the landlord should not consider children or benefits when picking one.
Follow legal limits. HMO licence conditions and overcrowding rules can justify limiting who lives in a property.
Restrict children in narrow cases. A landlord can stop children living in a property only if it is “a proportionate means of achieving a legitimate aim”. The aim must be real and not about discriminating. The landlord must also consider other ways to meet it and keep any limit narrow, for example limiting certain ages rather than all children. GOV.UK gives retirement housing and student housing with shared facilities as examples that can be justified.
In one GOV.UK example, a landlord banned all children because of a spiral staircase. The council found the blanket ban disproportionate. The landlord should have looked at the actual children and safety measures instead.
Worked example (fictional)
Dan and Amira have two children. They apply for a £1,000-a-month flat in England. The agent asks every applicant for a household income of 30 times the monthly rent.
| Item | Figure |
|---|---|
| Income requirement (30 × £1,000) | £30,000 a year |
| Wages | £23,400 a year |
| Universal Credit | £7,200 a year |
| Total income counted | £30,600 a year |
They pass by £600. If the agent counted only wages, they would fall short, but GOV.UK says all income should be treated equally. If the agent then rejects them because of the children, or asks only them for a guarantor, that may breach the rules.
How to complain
- Keep evidence. Save screenshots or links to the advert, and timestamped copies of emails, texts and messages.
- Report it to your local council. Councils enforce these rules. They decide on the balance of probabilities.
- Contact the agent’s redress scheme if the problem is with a letting agent.
- Consider court action. GOV.UK says tenants can also bring civil proceedings themselves. Get advice first.
A council can issue a civil penalty of up to £7,000 for a breach, and further penalties can apply if a breach continues or is repeated. GOV.UK has the details.
What to do in practice
- Ask the agent what the income requirement is, in writing, before you view.
- Put all household income on the application, including any benefits.
- If a property is said to be “unsuitable for children”, ask what the specific reason is and whether a narrower limit would work.
- Read our guide to renting on Universal Credit if benefits make up part of your income.
Use the income required to rent calculator to see what income an agent is likely to ask for at a given rent, and whether your household meets it.
Related: What is a rent repayment order?
Sources
- GOV.UK: Rental discrimination under the Renters’ Rights Act 2025, checked 4 October 2026
This guide is general information, not legal or financial advice. Report a possible error.