The Renters' Rights Bill: Discrimination in the Private Rental Sector
/The information in this article is based on the Renters' Rights Bill as currently proposed. While these measures are likely to come into effect, they are not yet law and are subject to change. The content provided is for informational purposes only and should not be considered as legal advice. Landlords are advised to regularly check for updates on the legislation and seek professional guidance to ensure compliance with any future legal requirements.
Under the proposed Renters' Rights Bill, discrimination against tenants based on factors like receiving benefits or having children is set to be illegal. These new measures aim to ensure fair treatment for all prospective tenants, helping to create a more inclusive rental market.
What Does the New Legislation Say?
Discrimination against tenants with children: Clause 32 of the proposed legislation makes it illegal for landlords and agents to discriminate against prospective tenants with children, regardless of the parent's gender. The only acceptable reason for refusal based on family size is overcrowding.
Overcrowding regulations: The law will prohibit landlords from discriminating against tenants with children, except where overcrowding regulations apply. Landlords must ensure they do not breach overcrowding rules when considering family tenants, and space calculations will need to be taken into account. Shelter UK suggests the following minimum sizes for sleeping areas:
1 person over 10 years: Minimum of 6.51 m²
2 people over 10 years: Minimum of 10.22 m²
1 person under 10 years: Minimum of 4.64 m²
2 people under 10 years (not a couple): These children do not count towards the calculation of how many people are permitted to share a room.
For example, in the case of a couple with two children — a 12-year-old girl and a 9-year-old boy — when the boy turns 10, he may need to share a room with the father since two persons of the same sex over 10 cannot share a room. In this case, a landlord could legally refuse an application based on the ages of the children and overcrowding rules.
Discrimination Against Tenants on Benefits
Clause 33 of the Renters' Rights Bill extends protections to tenants on benefits. It will become illegal for landlords and agents to refuse tenants simply because they are in receipt of benefits. Additionally:
Mortgage and insurance clauses that discriminate against benefit recipients will be null and void. This means that both lenders and insurance companies will no longer be able to enforce terms that penalise landlords who rent to tenants receiving benefits.
These protections will apply across England, Scotland, and Wales, ensuring consistency in the treatment of benefit recipients across the UK.
What This Means for Landlords
Fairer treatment: Landlords must ensure they are not making decisions based on a tenant’s receipt of benefits or whether they have children, unless overcrowding laws apply.
Overcrowding checks: Landlords will need to ensure they are complying with overcrowding guidelines when considering families with children. Proper space calculations will be required.
Mortgage and insurance considerations: Any clauses in mortgage agreements or insurance policies that relate to discrimination against tenants on benefits will no longer be enforceable. Landlords should be prepared to make adjustments to existing agreements.
While these provisions are not yet law, the Renters' Rights Bill will likely bring significant changes to how landlords handle prospective tenants with children or those on benefits. Landlords must begin preparing for these changes, ensuring they are ready to comply with the new rules when they come into effect.
If you have any questions about how this will affect your rental practices, our team is here to help.