Turning down a prospective tenant: the grounds you can refuse on, and how to word it

Across the UK, turning down a prospective tenant is lawful only if the reason is not prohibited in that nation. In England, Wales, Scotland and Northern Ireland the discrimination rules diverge sharply, so a safe refusal in one country can be unlawful in another.

On what grounds can a landlord refuse a prospective tenant?

CIA Landlords' claim that landlords can't refuse a married or over-70 applicant is false — Equality Act s.32 excludes age and marriage/civil partnership from housing protection, so refusing on those grounds is lawful. A landlord can reject a prospective tenant for valid reasons such as failing affordability checks, failing referencing, giving false or incomplete information, having no right to rent in England, or choosing another applicant, but cannot refuse on protected grounds covered in that nation: in Great Britain, Part 4 of the Equality Act covers premises discrimination and says a person must not discriminate “by not disposing of the premises to B”; in Northern Ireland, separate rules cover religion, political opinion and disability, including refusing an application for premises. Benefits and children are different again: England’s ban runs from 1 May 2026 with a civil penalty capped at £7,000, Wales’s equivalent starts on 1 June 2026 as a criminal offence, Scotland already criminalises it with a level 3 fine of up to £1,000, and Northern Ireland has no specific ban on refusing because someone claims benefits.

How do you tell a prospective tenant you are turning them down?

Tell a prospective tenant you are turning them down in a short, neutral written message, and give reasons only where you can state them accurately and without suggesting an unlawful ground. A safe wording is: Thank you for your interest in [property]. We have decided not to proceed with your application on this occasion. We wish you well with your search. If you took no holding deposit, UK law does not require a set rejection form or a detailed explanation for simply declining a rental offer, although politeness and a clear audit trail matter. In England, the practical exception is the holding deposit: Schedule 2 of the Tenant Fees Act 2019 applies “where a holding deposit is paid to a landlord or letting agent in respect of a proposed tenancy of housing in England,” and if you intend to keep it you must give written notice within the relevant period explaining why, or repay it. If the landlord simply decides not to enter into the tenancy, the repayment deadline is 7 days from that decision unless a statutory exception applies. Abodient can record the date a holding deposit was taken against the tenancy, which matters because the 7-day repayment clock starts running immediately.

Last reviewed September 2026.

Sources

• Equality Act 2010 s.33 — “by not disposing of the premises to B.” Source
• Equality Act 2010 s.32 — “This Part does not apply to the following protected characteristics—” Source
• Renters’ Rights Act 2025 s.34 — “apply a provision, criterion or practice in order to make benefits claimants less likely to enter into a tenancy of the dwelling than people who are not benefits claimants.” 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 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.44 — “A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.” Source
• The Renters’ Rights Act 2025 (Commencement No. 1) (Wales) Regulations 2026 art.2 — “The following provisions of the Act come into force on 1 June 2026—” Source
• Private Housing (Tenancies) (Scotland) Act 2016 s.6A — “A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.” Source
• mygov.scot, rental discrimination — “If they are convicted, they may be fined up to £1,000.” Source
• Fair Employment and Treatment (Northern Ireland) Order 1998 art.29 — “by refusing his application for those premises.” Source
• Disability Discrimination Act 1995 s.22 — “by refusing to dispose of those premises to the disabled person.” Source
• Immigration Act 2014 s.22 — “A landlord must not authorise an adult to occupy premises under a residential tenancy agreement if the adult is disqualified as a result of their immigration status.” Source
• Home Office right to rent code of practice — “The legislation underpinning the Right to Rent Scheme (in this code the restrictions and civil penalty provisions are referred to as ‘the Scheme’) is currently in force only in England.” Source
• Tenant Fees Act 2019 Sch.2 — “This Schedule applies where a holding deposit is paid to a landlord or letting agent in respect of a proposed tenancy of housing in England.” Source
• Tenant Fees Act 2019 Sch.2 — “that person does not give the person who paid the deposit a notice in writing within the relevant period explaining why the person who received it intends not to repay it.” Source