Jurisdiction(s):
United Kingdom

Discrimination prohibitions in the private rented sector under the Renters’ Rights Act 2025 (England and Wales): children, benefits claimants, exceptions, unenforceable terms, income tests, enforcement, commencement dates

Published by a LexisNexis Property Disputes expert

Practice notes

This Practice Note summarises the principal provisions on discrimination affecting the private rented sector in England and Wales, contained in sections 33–49 of the Renters’ Rights Act 2025 (RRA 2025). For an overview of the Act’s core measures, see Practice Note: Renters’ Rights Act 2025—key provisions.

Discrimination in the rental market in England

These provisions took effect on 1 May 2026.

Prohibited grounds of discrimination

RRA 2025, ss 33–42 impose statutory bans on discriminatory conduct in England’s rental market. They apply to assured tenancies as defined by the Housing Act 1988 (HA 1988), but exclude social housing tenancies (as in Part 2 of the Housing and Regeneration Act 2008) and supported accommodation (HA 1988, Sch 2, para 12). Landlords, and anyone acting for them—whether a professional letting agent or an informal helper such as a friend or relative—must not treat prospective renters unfavourably because of:

children—ie that a person under 18 may live at or visit the premises
the applicant being a benefits claimant

This prohibition extends to:

direct discrimination (for example, refusing ...)

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Jill Carey

Freeths

Jill Carey is a Partner in the Real Estate Disputes group.She has experience across a wide range of contentious property matters, such as landlord and tenant disputes - including the recovery of arrears, forfeiture and service charge disputes - contentious business lease renewals and rent review; adverse possession and queries over the purchase and sale of development land.Examples of work that Jill has been involved in recently include:acting for large commercial landlords in the management of their portfolios of properties, including dealing with a variety of breaches of tenant covenants and lease renewals;putting together vacant possession strategies for landlords and developers;advising on strategic options under the Landlord and Tenant Act 1954;advising a large commercial landlord on the insolvency of several tenants;acting in a variety of possession proceedings against squatters;advising both landlords and tenants on dilapidations...

Web page updated on 27/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...