The government’s Renters’ Rights Act introduces important protections against discrimination for tenants receiving benefits or with children, imposing fines of up to £7,000 for breaches. However, industry bodies such as Propertymark are calling for more detailed guidance to help landlords and letting agents apply the new rules fairly and consistently, particularly regarding referencing checks and property suitability decisions.

Clear guidance is essential to ensure landlords understand how to comply with the legislation without inadvertently discriminating or restricting access to the private rented sector. This article outlines the key points landlords need to be aware of and the implications for managing lettings under the new legal framework.

Understanding the Renters’ Rights Act and its impact on landlords

The Renters’ Rights Act aims to tackle discriminatory practices in the private rented sector, such as “no DSS” adverts that exclude prospective tenants receiving housing benefits. From the Act’s implementation, landlords and letting agents will be prohibited from refusing access to information or property viewings based solely on a tenant’s receipt of benefits or having children. Failure to comply can result in fines up to £7,000.

While the government has published initial guidance and is consulting on the implementation of rental discrimination provisions, Propertymark emphasises that further detailed instructions are needed. Without this, landlords may face uncertainty about how to conduct referencing checks and make letting decisions that comply with the law while protecting their interests.

Clarifying referencing checks to avoid misinterpretation

Megan Eighteen, President of ARLA Propertymark, highlights the need for referencing to remain focused on legitimate criteria such as affordability, income sustainability, credit history, and previous tenancy conduct. She stresses that the legislation must clarify how these checks can be applied consistently and proportionately, especially when tenants receive benefits that may be paid irregularly or in varying amounts.

This clarity is crucial for landlords to confidently assess tenant applications without resorting to blanket exclusions based on benefit status or household composition. Fair and objective referencing helps ensure access to the private rented sector is equitable while managing financial risk.

Addressing property suitability concerns

Another area requiring clear guidance is how decisions about property suitability are handled. Ms Eighteen notes that some properties may genuinely be unsuitable for children due to factors such as size, layout, or health and safety considerations. The law needs to recognise these practical realities to prevent such decisions from being misinterpreted as unlawful discrimination.

For example, a one-bedroom flat may be appropriate for a single parent with a baby but unsuitable for a family with multiple children, where occupancy limits or overcrowding rules would apply. Landlords must be able to evidence that any exclusion of prospective tenants with children is a proportionate means of achieving a legitimate aim, assessed on a case-by-case basis.

Implications for landlords and letting agents

The introduction of the Renters’ Rights Act places a greater onus on landlords and agents to understand and comply with anti-discrimination rules. Detailed guidance from the government will be vital to reduce uncertainty and avoid unintended consequences, such as restricting the supply of rental properties.

Landlords should prepare to review their referencing procedures and tenancy application processes to ensure they focus on objective financial and behavioural criteria. They should also document decisions regarding property suitability carefully, demonstrating compliance with the proportionality principle outlined in the guidance.

Looking ahead: support and resources for landlords

The government’s commitment to providing further information and consultation on rental discrimination provisions is a positive step. Meanwhile, landlords and agents are encouraged to stay informed and seek professional advice where needed to navigate the new legal landscape effectively.

In addition, the Tenancy Lawyers Association (TLA) is launching a new Trusted Partners Hub in Q1 2026. This platform will feature verified and approved service providers selected to support landlords, tenants, and property management businesses. Legal, trades, insurance, financial, mortgage, tenant screening, and other service providers interested in joining can register their interest at the TLA website.

By engaging with trusted partners and keeping abreast of forthcoming guidance, landlords can better manage compliance risks and continue to provide fair, accessible housing within the private rented sector.