If a landlord will not rent to you because of benefits or children

Check if this advice applies to you

This advice will usually apply to you if both the following are true:

• you want to rent from a private landlord

• you don’t expect to live with your landlord

In most cases this means that when you start renting, you’ll get an ‘assured tenancy’.

This advice applies to people starting assured tenancies.

If you’re not sure, or you expect to have a different kind of agreement with a private landlord, check your tenancy type if you rent from a private landlord.

A landlord or letting agent can’t stop you renting a home just because you have children or get benefits. 

They also can’t refuse to give you information about the property or allow you to view the property. For example, they can't use adverts with phrases like 'no DSS' or 'no children'.

If a landlord or letting agent breaks these rules you could tell them they’re breaking the law. They might decide to let you view or rent the property. If they don’t, you can report them to the local council. They could be fined up to £7,000. 

You can also check if what happened is discrimination under the Equality Act 2010. If it is, you might be able to get compensation.

If you have children

A landlord can only refuse to rent to someone with children if they have a good reason. For example, they can’t let more people live there than are legally allowed to. This is called ‘overcrowding’.

Example

Charlie has 2 children aged 13 and 15. They view a small bedroom in a shared house. The landlord says the room is unsuitable because the bedroom isn’t big enough for 3 people.

If you don’t think the property would be overcrowded, you could contact the landlord or agent and tell them they’re breaking the law. They might decide to let you view the property or take a tenancy.

If they still refuse, you can report the landlord to the council. 

If you’re not sure whether the property would be overcrowded, you can talk to an adviser.

If you get benefits

You only need to tell the landlord or letting agent you get benefits if they ask.

The landlord or letting agent shouldn’t assume you can’t afford the rent just because you get benefits.

If you get Universal Credit or Housing Benefit, you might get an amount to help pay your rent. The most you can usually get is the ‘local housing allowance’. If the rent is more than the local housing allowance, explain to the landlord or agent how you’ll pay the rest of the rent. You can check your local housing allowance rate on GOV.UK.

If you’re turned down for a property because of any benefits you get, try contacting the landlord or letting agent. You should ask them to:

• do an affordability check if they haven’t already

• accept extra references - you could ask more than one of your previous landlords to give you a reference that says your rent was always paid on time

• let you use a guarantor - this is someone who agrees to pay the rent if you don’t

Report a landlord or letting agent to the local council

If you haven’t complained to the landlord or agent yet, you could tell them they’re breaking the law - they could be fined up to £7,000. They might decide to let you view the property or take a tenancy.

If they say the landlord’s mortgage agreement bans children or people who get benefits, tell them this term no longer applies. They can’t refuse to rent to you because of that term.

If they say a term in their insurance bans children or people who get benefits, ask when the insurance contract started. If they started or renewed their insurance after 1 May 2026, this term no longer applies - they can’t refuse to rent to you because of that term.

If the landlord still refuses

You can report them to your local council. If the council decide a landlord or letting agent has broken the law, they can fine them up to £7,000.

It’s best to keep looking for other places to rent at the same time. It might be several months before the council can fine the landlord or agent, and someone else might move into the property before then.

If you report the landlord or agent to the council, you'll need evidence. This could be things like:

• the name and contact details of the landlord or agent

• a copy of a property advert

• email communications

• screenshots of texts or WhatsApp messages

You can find your local council's contact details on GOV.UK.

Check if you’ve experienced discrimination under the Equality Act 2010

If you’ve been treated unfairly or harassed by a landlord or letting agent, it might also be discrimination under the Equality Act 2010. If it is, you might be able to get compensation.

If you challenge your landlord under the Equality Act, you’ll need to do it separately from reporting to the council. You’ll need to check if it was because of a characteristic that’s protected by the Equality Act - these are things like age, disability or race.

Check if your problem is housing discrimination.

If you need to find somewhere to live

You can check your other options if you need to find somewhere to live.