Landlord discrimination law: who you cannot refuse, and what the Renters' Rights Act changed

In England, Wales, Scotland and Northern Ireland, landlord discrimination rules are not identical: the Equality Act 2010 covers England, Wales and Scotland, while Northern Ireland still relies on separate older discrimination law. The Renters’ Rights Act changed the children and benefits rules in Great Britain, but not Northern Ireland.

Who can a landlord not legally discriminate against?

A private landlord in England, Wales or Scotland cannot discriminate in letting or managing premises because of the Equality Act protected characteristics that apply to premises, but Part 4 expressly excludes age and marriage or civil partnership from those letting rules. Section 33 says: “A person (A) who has the right to dispose of premises must not discriminate against another (B)—”, while section 32 says Part 4 does not apply to “(a)age;” and also excludes marriage and civil partnership. That means the Equality Act does apply to private landlords, but not in the simplified way many summaries suggest. In Northern Ireland, the Equality Act’s Part 4 letting rules do not generally apply; separate law covers areas such as sex, race and disability discrimination, including the rule that “It is unlawful for a person, in relation to premises in Northern Ireland of which he has power to dispose, to discriminate against a woman—”.

What does the Renters' Rights Act change about discrimination?

The Renters’ Rights Act 2025 makes it unlawful in Great Britain to block a tenancy because a child would live with or visit the property, or because the applicant is or may be a benefits claimant; in England that rental-market discrimination chapter came into force on 1 May 2026 and Wales followed on 1 June 2026. For England, the Act bans preventing someone taking a tenancy “on the basis that a child would or may live with or visit a person at the dwelling if the dwelling were the person’s home,” and separately bans doing so “on the basis that a person is or may be a benefits claimant”. The sharp practical change is enforcement: in England, section 40 allows a council penalty, but “must not be more than £7,000.” That £7,000 cap belongs to the Renters’ Rights Act children-or-benefits ban, not to the Equality Act. The Act also preserves affordability checks: “Nothing in this Chapter prohibits taking a person’s income into account”.

Can a landlord refuse to let to a family with children?

In England, a landlord cannot refuse, discourage or prevent a rental because the applicant has a child under 18 who would live at or visit the property, unless the landlord can show the conduct is a proportionate means of achieving a legitimate aim. Government guidance states: “You cannot discourage or prevent someone from renting a property because they have a child under 18 who would either live with them or visit them at the property.” A rental property also cannot simply say no children in the tenancy terms, because Renters’ Rights Act 2025 section 35 says a term is “of no effect” if it prohibits or restricts a tenant from having a child live with or visit them. Northern Ireland is different: there is no explicit statutory ban on refusing households with children, and Housing Rights says, “At the moment, there are no laws that explicitly stop landlords from making these kinds of policies.” Before the Act, the English Housing Survey recorded 91,000 households told they could not rent because they had children.

What counts as disability discrimination by a landlord?

Disability discrimination by a landlord in England, Wales or Scotland includes refusing or mistreating a disabled applicant or occupier because of disability, failing to make required reasonable adjustments, or treating them unfavourably because of something arising from disability unless objectively justified. The Equality Act states: “A discriminates against a disabled person if A fails to comply with that duty in relation to that person.” For let premises, however, the adjustment duty is narrower than many tenants expect: it applies only after a request, because Schedule 4 says it applies “only if A receives a request from or on behalf of the tenant or a person entitled to occupy the premises”. It also does not normally require structural alteration, because “It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature.” Northern Ireland uses the Disability Discrimination Act 1995, which says it is unlawful for someone with power to dispose of premises “to discriminate against a disabled person—”.

What does a landlord owe a tenant with mental health problems?

A landlord does not owe a private tenant mental-health treatment or care, but must not discriminate where a mental health condition is a legal disability and must consider Equality Act duties such as reasonable adjustments and disability-related discrimination. In England, Wales and Scotland, disability includes mental impairment where the statutory test is met: section 6 says a person has a disability if “P has a physical or mental impairment,” and the impairment has the required substantial and long-term effect. In Northern Ireland, the Disability Discrimination Act uses the same core test: a person is disabled if they have “a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.” In England and Wales, lease clauses restricting occupation by people with mental disorders are void to that extent, because the 1993 Act voids an agreement “in so far as it would otherwise have the effect of prohibiting or imposing any restriction on” such occupation.

Can an over-55s property be restricted to older tenants?

An ordinary private over-55s letting in England, Wales or Scotland can generally be age-restricted, because Equality Act Part 4 does not make age discrimination unlawful in the disposal, management or occupation of premises. The Act’s explanatory notes state that Part 4 “does not make it unlawful to discriminate against or harass people in those circumstances because they are married or in a civil partnership or because of age.” That is why an age-restricted over-55s leasehold flat is usually governed by the lease, planning restriction or scheme rules rather than by a general ban on age discrimination in lettings. There is no statutory rule that all private retirement housing must use 55 as the minimum age: government planning guidance says age-restricted general market housing is “generally for people aged 55 and over and the active elderly,” while major retirement schemes often use 60 for sole occupation and 55 for a partner. Different rules may apply where accommodation is provided as a service or public function.

What is section 35 of the Equality Act?

Section 35 of the Equality Act is not the source of the £7,000 landlord civil penalty; that £7,000 cap comes from Renters’ Rights Act 2025 section 40 for England’s children-and-benefits letting ban, while section 35 is the Equality Act rule about discrimination by a person who manages premises. Section 35 begins: “A person (A) who manages premises must not discriminate against a person (B) who occupies the premises—”, and it covers eviction because it prohibits discrimination “by evicting B (or taking steps for the purpose of securing B's eviction)”. Its harassment rule is narrower than many summaries say: section 35’s own list excludes “religion or belief” and “sexual orientation” from that harassment prohibition. That does not make abuse about religion or sexuality safe, because section 212 says where the Act disapplies harassment, that “does not prevent conduct relating to that characteristic from amounting to a detriment” in direct discrimination. Claims under Part 4 go to the county court, or the sheriff court in Scotland, and damages may include injured feelings.

Last reviewed August 2026.

Sources

• Equality Act 2010 s.33 — “A person (A) who has the right to dispose of premises must not discriminate against another (B)—” Source
• Equality Act 2010 s.32 — “This Part does not apply to the following protected characteristics—” Source
• Equality Act 2010 s.32 — “(a)age;” Source
• Equality Act 2010 s.217 — “This Act forms part of the law of England and Wales.” Source
• Sex Discrimination (Northern Ireland) Order 1976 art.31 — “It is unlawful for a person, in relation to premises in Northern Ireland of which he has power to dispose, to discriminate against a woman—” Source
• Renters’ Rights Act 2025 s.33 — “(a)on the basis that a child would or may live with or visit a person at the dwelling if the dwelling were the person’s home, prevent the person from—” Source
• Renters’ Rights Act 2025 s.34 — “(a)on the basis that a person is or may be a benefits claimant, prevent the person from—” Source
• Renters’ Rights Act 2025 s.40 — “The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £7,000.” Source
• Renters’ Rights Act 2025 s.41 — “Nothing in this Chapter prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under a relevant tenancy.” Source
• Renters’ Rights Act 2025 Commencement Regulations 2026 reg.3 — “(b)Chapter 3 of Part 1 (discrimination in the rental market: England);” Source
• Renters’ Rights Act 2025 (Wales) Commencement Order 2026 art.2 — “The following provisions of the Act come into force on 1 June 2026—” Source
• GOV.UK rental discrimination guidance — “You cannot discourage or prevent someone from renting a property because they have a child under 18 who would either live with them or visit them at the property.” Source
• Renters’ Rights Act 2025 s.35 — “A term of a relevant tenancy or regulated tenancy is of no effect so far as the term makes provision (however expressed) prohibiting the tenant from having a child live with or visit them at the dwelling or restricting the circumstances in which the tenant may have a child do so.” Source
• Housing Rights — “At the moment, there are no laws that explicitly stop landlords from making these kinds of policies.” Source
• English Housing Survey 2024 to 2025 — “Just under 2% of private renters said that, in the last 12 months, they were told they could not rent a property because they received housing support (80,000 households) or because they had children in the home (91,000 households), Annex Table 3.3.” Source
• Equality Act 2010 s.21 — “A discriminates against a disabled person if A fails to comply with that duty in relation to that person.” Source
• Equality Act 2010 Sch.4 — “Sub-paragraph (2) applies only if A receives a request from or on behalf of the tenant or a person entitled to occupy the premises to take steps to avoid the disadvantage or provide the auxiliary aid.” Source
• Equality Act 2010 Sch.4 — “It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature.” Source
• Disability Discrimination Act 1995 s.22 — “It is unlawful for a person with power to dispose of any premises to discriminate against a disabled person—” Source
• Equality Act 2010 s.6 — “(a)P has a physical or mental impairment, and” Source
• Disability Discrimination Act 1995 s.1 — “Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act and Part III of the 2005 Order if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.” Source
• Leasehold Reform, Housing and Urban Development Act 1993 s.89 — “Any agreement relating to a lease of any property which comprises or includes a dwelling (whether contained in the instrument creating the lease or not and whether made before the creation of the lease or not) shall be void in so far as it would otherwise have the effect of prohibiting or imposing any restriction on—” Source
• Equality Act 2010 explanatory notes, Part 4 — “This section provides that this Part of the Act, which prohibits discrimination, harassment and victimisation in relation to the disposal, management and occupation of premises, does not make it unlawful to discriminate against or harass people in those circumstances because they are married or in a civil partnership or because of age.” Source
• GOV.UK housing for older and disabled people guidance — “Age-restricted general market housing: This type of housing is generally for people aged 55 and over and the active elderly.” Source
• McCarthy Stone age restrictions — “Each development has its own lease requirements, so it is always best to check, but usually to have sole occupancy of a Retirement Living apartment you need to be aged 60 or over.” Source
• Equality Act 2010 s.35 — “(1)A person (A) who manages premises must not discriminate against a person (B) who occupies the premises—” Source
• Equality Act 2010 s.35 — “(b)by evicting B (or taking steps for the purpose of securing B's eviction);” Source
• Equality Act 2010 s.35 — “(a)religion or belief;” Source
• Equality Act 2010 s.35 — “(b)sexual orientation.” Source
• Equality Act 2010 s.212 — “Where this Act disapplies a prohibition on harassment in relation to a specified protected characteristic, the disapplication does not prevent conduct relating to that characteristic from amounting to a detriment for the purposes of discrimination within section 13 because of that characteristic.” Source
• Equality Act 2010 s.119 — “An award of damages may include compensation for injured feelings (whether or not it includes compensation on any other basis).” Source