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Can Landlords Discriminate Against Tenants? Your Rights in 2026

Know when refusal is lawful, and when it isn't.

Can Landlords Discriminate Against Tenants? Your Rights in 2026 Property Legal, Risk & Compliance

Updated October 2026 · Fraser Bond

Renting · Equality

Discrimination in renting

Equality Actprotected traits
Benefits& children
Affordabilityfair checks
Complainroutes
In short: Landlords and agents can't discriminate against tenants because of protected characteristics under the Equality Act, such as race, religion, disability, sex or sexual orientation. Since 2026, blanket bans on renting to people who receive benefits or have children are also unlawful in England. Landlords can still make fair, individual affordability and reference checks. If you think you've been discriminated against, keep evidence and seek advice; complaints can go to the agent's redress scheme, the council or court.
LawfulUnlawful
Fair affordability checks"No DSS" or "no children" policies
Reference checksRefusing because of race or religion
Right to rent checks for everyoneApplying checks only to some groups
Reasonable pet decisionsRefusing reasonable disability adjustments

What landlords can and can't do

Frequently asked questions

Can a landlord refuse me for being on benefits?

Not as a blanket policy.

Can they still check affordability?

Yes, fairly and individually.

Where can I complain?

The agent's redress scheme, the council or court.

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