‘No DSS/No Children’ Is Banned: What This Means for Landlords Moving Forward

The Renters’ Rights Act 2025 (the “Act”) has transformed tenant rights in England. Among its most significant provisions are new anti-discrimination rules that prohibit landlords and letting agents from refusing tenants on the basis that they have children or claim benefits.

This article examines the anti-discrimination provisions in the new Act. We consider the rights of tenants with children or those on benefits, and the redress available if they’re blocked from viewing or applying for a property.

Helix Law’s property litigation team has decades of experience working with landlords to evict tenants where necessary. If you are a landlord struggling with a situation with a tenant, don’t hesitate to contact us today. We are happy to help and act nationally.

Overview: The 2025 Renting Reforms and Anti-Discrimination Rules

The new Act includes a package of reforms prohibiting discrimination against prospective tenants claiming benefits or tenants with children.

These new protections apply to landlords in the private sector, letting agents, and financial institutions involved in the rental housing sector.

The reforms introduced by the Act extends to matters such as the advertising of properties, clauses in tenancy agreements, and responses to tenant requests. It places new responsibilities and obligations on landlords.

Non-compliance carries financial penalties enforceable by local councils, and tenants may also pursue civil proceedings or complain to a redress scheme.

Key Tenant Protections Under the Act

The changes under the Act are sweeping. They include the following: 

• abolition of no-fault evictions (also known as Section 21 evictions), 
• rent increases restricted to once every 12 months, 
• a cap on rent in advance set at one month’s rent.
• a prohibition on landlords from refusing tenants with pets or children, 
• A prohibition on landlords discriminating against renters because they are from a particular ethnic background, claiming welfare benefits, or have a disability.

Anti-Discrimination Obligations for Landlords and Agents

Clauses such as ‘no children’, ‘no DSS’, or ‘working professionals only’ are now banned in property advertising, during the selection process, and interviews for tenants.

Letting policies and contracts must be fully inclusive and free from discriminatory language.

These requirements extend beyond the landlord to letting agents and third-party professionals in the letting process, such as property managers.

What this Means for Landlords

It is now unlawful for landlords to discriminate against prospective tenants who have children or who are claiming benefits. This includes refusing to allow viewings or applications for a property, or imposing conditions that indirectly exclude these groups.

Landlords must be diligent with the wording used in property advertisements, correspondence with prospective tenants and instructions given to letting agents and property managers

Tenants require written evidence or confirmation of the refusal from the landlord, together with the grounds on which the decision was made. Complaints can be directed to the local authority for that area.

There is also the option of the new Private Landlord Ombudsman scheme, a free, independent service, which will be rolled out in late 2026. All landlords must register with a new central property database and join the Ombudsman scheme.

From 1 May 2026, Local Councils will be legally responsible for overseeing and enforcing these new rights from 1st May 2026. Councils will have new investigatory powers to obtain information from landlords and letting agents, including the right to seize documents for the purpose of conducting an investigation. Where the Local Council is satisfied that a landlord has breached the new obligations under the Act, it may impose a financial fine.

Enforcement, Penalties, and Repeat-Offender Bans

The Act sets out two types of penalties for breaching the regulations: 

• First Breach – a fine of up to £7,000
• Repeated Breaches or serious offences – a fine of up to £40,000
• Criminal prosecution for serious offences – an unlimited fine upon conviction

The government has provided more detail on civil penalties in its statutory guidance, ‘Civil Penalties under the Renters’ Rights Act 2025 and other housing legislation’.

Local councils must compile evidence to satisfy themselves that a landlord has committed a breach or offence. They must then give the landlord notice that they intend to issue a fine. No court process is required to issue a civil penalty.

A landlord has 28 days from the date of the notice from the Local Authority to make written representations and appeal the notice,or accept it and contest only the amount of the fine.

If the Local Authority decides to proceed with the penalty, it must issue a written final notice that requires payment of the fine. 

If the local council believes a serious offence has been committed, they can choose to prosecute the landlord through the criminal courts, leaving them exposed to an unlimited fine if the prosecution against them is successful.

Frequently Asked Questions

Can an Estate Agent Stop Someone From Viewing a Property?

Estate agents can refuse access to a rental property for a prospective tenant to view, but only if there is a legitimate reason. Under the Act, having children or claiming benefits is not a valid reason to prevent someone from viewing a property and may amount to a discriminatory ground. You should ask the agent to explain their reasons in writing.

Why Do Estate Agents Block Viewings?

An estate agent can legitimately block a viewing if the notice for the viewing is too short, the current tenants in the property may refuse to allow viewings, even though their contract contains a clause that requires them to provide access, or for the purposes of blocking prospective tenants who have been abusive towards staff.

What should landlords do to ensure compliance

Landlords should review all advertising materials, letting policies, and instructions to agents to ensure they contain no discriminatory language. Selection processes must be transparent and based on merit and ability to pay, not on financial or family status. Registration with the central property database and the Ombudsman scheme is also mandatory.

Legal Advice Helps Landlords Navigate Updated Renting Obligations

The new Renters’ Rights Act is the biggest overhaul of the private rental sector in more than a decade. It places new responsibilities on landlords with substantial penalties for non compliance.

Landlords can no longer refuse to rent to someone because they’re on benefits or have children. There must be transparent processes that demonstrate each tenant is assessed on their merits and ability to pay, rather than on their financial or family status.

At Helix, we have significant experience acting for hundreds of landlords over a number of decades. From disrepair allegations to unpaid rent to eviction services, we have handled a wide variety of disputes for landlords and property investors. Whatever your situation, it’s likely we have encountered it before. If you are facing a difficult situation and are looking for advice on how best to tackle your issue, reach out to us today for expert advice from our specialist property litigation team. We’d love to assist you.