There’s a lot of noise around the Renters’ Rights Act right now, and some of it is making landlords more anxious than they need to be.
The reality is fairly straightforward: you can still protect yourself with proper referencing and affordability checks. What you can’t do is filter people out with blanket rules like “No DSS” or “No children,” or run a quiet bidding war by accepting offers above your advertised rent.
This post addresses the most common questions self-managing landlords are asking—what’s actually changing, what you can still do, and how to update your process before the rules come into effect.
This is general guidance for landlords in England, not legal advice. The new rules are expected to apply on or from 1 May 2026.
What counts as “rental discrimination” under the Act?
In this context, rental discrimination means treating someone unfairly in the letting process because they have children or because they receive benefits, such as Universal Credit. That includes indirect forms of discrimination, not just overt refusals.
The government has published specific guidance on this under the Act, and it’s worth reading if you haven’t already.
Does this mean I have to accept every applicant who is on benefits or has children?
No. You can still choose the most suitable tenant — the change is in how you decide.
Instead of blanket exclusions, assess each applicant on their individual circumstances: affordability, references, creditworthiness, and rental history. The NRLA gives examples of what indirect discrimination looks like in practice — refusing viewings, withholding information, or rejecting someone before you’ve even looked at their application, simply because they’re on benefits or have children.
The useful framing is: judge the application, not the label.
What are the most common ways landlords accidentally discriminate?
Most of these aren’t deliberate — they’re habits that have built up over years of doing things a certain way. The ones to watch out for:
- “No DSS / No benefits” in listings or messages
- “Professionals only” is used as a roundabout way of excluding benefit claimants
- “No children” or “Not suitable for families” when the property actually is suitable
- Refusing to book viewings for applicants who mention benefits
- Imposing extra conditions only because someone is on benefits — for example, asking for six months’ rent upfront when you wouldn’t ask that of anyone else
You can still manage risk. You just need to do it through criteria that apply consistently to everyone.
What should my adverts say?
List the property accurately — size, EPC rating, features, any restrictions that genuinely apply. Publish a clear asking rent (this matters more under the new rules, as explained below).
Remove “No benefits,” “No DSS,” and “No children.” That includes hinting at it: “ideal for a single professional” is fine as general marketing copy, but if you’re then systematically refusing families, that’s a problem.
If you want to reduce time-wasters, you can still include neutral screening information: the income multiple you require (applied to everyone), whether you’d consider a guarantor, and maximum occupancy where that genuinely applies.
What’s changing with bidding wars?
The Act bans the practice of inviting or accepting offers above the advertised rent. In practical terms, you publish an asking rent, and that’s the rent. You can’t nudge applicants to offer more to secure the property.
You can still choose the best applicant from several, but the decision should be based on suitability, not on who’s willing to pay above the asking price.
How do I fairly choose among multiple applicants?
Use a consistent scoring approach and apply it consistently every time. A straightforward framework:
- Affordability — income or benefit amount against the rent, using a consistent threshold
- References — previous landlord or employer, where relevant
- Rental history — arrears, tenancy conduct
- Guarantor strength, if one is needed
- Move-in readiness — who can actually start when you need them to
The key is that the criteria are the same for everyone. You’re not adjusting them based on whether someone has children or receives benefits.
What referencing can I still do?
All of it. The Act isn’t telling you not to reference people — it’s telling you not to auto-reject people before you’ve looked at them properly. The NRLA specifically advises landlords to update their referencing processes to align with the changes, not to abandon them.
Solid, defensible referencing usually includes: ID and right-to-rent checks, an affordability assessment, employment or income verification (including benefits evidence where relevant), a landlord reference when one’s available, and a credit check if that’s part of your process.
What you’re moving away from is automatic rejection based on benefits status or family situation. What you’re moving toward is the same checks, applied consistently.
Can I ask for a guarantor?
Yes — as long as it’s a proportionate response to the risk and you’re using it consistently. The fair approach is: if affordability is borderline for any applicant, offer a guarantor as an option. What you want to avoid is making “receives benefits” automatically trigger a guarantor requirement when it wouldn’t for anyone else in the same financial position.
Done properly, guarantors are one of the best tools you have — they let you take on a wider range of applicants while still protecting yourself.
Can I ask for rent in advance?
Be careful here. Government guidance under the Act states that landlords cannot ask for, encourage, or accept rent before the tenancy agreement is signed. There are also broader changes to how rent in advance can be used.
The safe approach is: don’t use “pay upfront” as a default filter, and don’t use it as a way to indirectly exclude people on benefits. As May 2026 approaches, keep your process aligned with the current published guidance and whatever templates your agent or solicitor is using.
What are the penalties if I get this wrong?
The government is strengthening enforcement under the Act. Civil penalties for certain breaches can reach £7,000, and up to £40,000 for certain offences under the wider enforcement framework. Councils will have clearer powers and processes for pursuing complaints.
The practical takeaway is that it’s worth getting your advertising and applicant-handling process properly sorted before May 2026, rather than hoping nothing comes up.
What should I actually change before May 2026?
For most self-managing landlords, it comes down to four things:
1. Update your ad templates
Remove “No DSS / No benefits / No children” language. Make sure you’re publishing a clear asking rent and that you’re not set up to accept above-asking offers.
2. Create a one-page referencing checklist
So you’re applying the same steps to every applicant: affordability, references, ID, move-in date, and guarantor option if required. It doesn’t need to be complicated — it just needs to be consistent.
3. Keep a basic decision log
A simple note for each applicant: affordability met or not, reference outcome, reason for decision. This protects you if someone later raises a discrimination complaint. You want to be able to show that the decision was based on criteria, not arbitrary.
4. Watch your messages
A lot of accidental discrimination happens in casual DMs rather than formal listings. Things like “sorry, the landlord doesn’t accept benefits” or “not really suitable for kids”. Replace those with something neutral: “We assess all applicants on affordability and references — if you’d like to apply, I can send through the criteria.”
What’s the right way to say no to an applicant?
Keep it neutral and criteria-based. Something like:
“Thank you for your interest. We’ve selected an applicant who best meets our affordability and referencing requirements. We wish you well with your search.”
You don’t need to go into detail. You don’t need to debate it. Just make sure your internal notes reflect the actual reason — a legitimate, criteria-based one.
The short version
What the Renters’ Rights Act is asking you to do is move from informal gut-feel screening to a more structured, auditable process. No blanket discrimination against benefit claimants or families with children. No accepting above-asking rent. Referencing is still absolutely fine — it just needs to be consistent and evidence-based.
For most landlords, that’s not a dramatic change. It’s mainly about tidying up language, documenting decisions, and ensuring your process looks the same, no matter who’s applying.
