Unlawful Discrimination
There are legal obligations on landlords and agents to take reasonable steps to ensure that people are not discriminated against, directly or indirectly, on the basis of their “protected characteristics,” such as race, colour, gender, or disability. The specific legislation is the Equality Act 2010.
Direct discrimination is defined as treating a person less favourably than another based on their race, gender or disability. In some cases, discrimination may occur where there has been a failure to comply with a statutory duty. Regarding disability, you should note that the statutory definition has been widened to include those with certain long-term medical conditions.
Indirect discrimination consists of applying a requirement or condition that, although applied equally to persons, whether male or female, black or white, is such that a considerably smaller proportion of a particular racial or gender group can comply with it than others, and it cannot be shown to be ‘justifiable’.
Regarding disability-related issues, a similar requirement applies: landlords must not impose criteria that could be considered ‘unreasonable’.
The Equality and Human Rights Commission published a code of practice on racial equality in housing. The code is essential because it is a statutory code approved by Parliament. The courts will consider the code’s recommendations in legal cases. The code is divided into two main parts: the first explains what landlords need to know about discrimination, and the second offers recommendations on how landlords can avoid discrimination.
See here to find out more about discrimination and guidance on avoiding discrimination.
The landlord should note that they must not select contract holders based on race, religion, marital status, disability, or sexual orientation. If the landlord discriminates against any tenant on these grounds, the landlord could be prosecuted. If the landlord is letting rooms in their home, they may specify the sex of prospective lodgers. Age discrimination is prohibited in employment, but is allowed in housing. In some cases, housing may need to be allocated to those over 55 to comply with planning requirements.
No DSS adverts
Several cases have found unlawful landlords or agents who operate blanket “no DSS” policies or advertise their properties as “no DSS” or similar.
See, for example, this report and another here.
Children and benefits claimant discrimination
From 1 June 2026, Wales has specific statutory rules prohibiting certain forms of rental-market discrimination connected with children and benefits status. These rules are separate from the Equality Act 2010 protected characteristics and apply in relation to occupation contracts in Wales.
The commencement date is set by the Renters’ Rights Act 2025 (Commencement) (Wales) Order 2026. The main provisions are inserted by section 44 and section 46 of the Renters’ Rights Act 2025.
Discrimination relating to children
New Part 2A of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 makes it an offence for a relevant person, in relation to a dwelling that is to be the subject of an occupation contract, to act on the basis that a child would or may live with or visit a person at the dwelling.
The prohibition covers preventing a person from enquiring whether the dwelling is available, accessing information about it, viewing it, or obtaining the grant, renewal or continuance of an occupation contract.
It also covers applying a provision, criterion, or practice that makes people who would have a child live with or visit them at the dwelling less likely to obtain the grant, renewal, or continuance of an occupation contract than people who would not. A child means a person under 18.
There are limited defences. For children, it is a defence to prove that the conduct was a proportionate means of achieving a legitimate aim. There is also a limited insurance-related defence where the relevant insurance term is not made ineffective by the new statutory rules and the conduct was a means of preventing breach of that term.
Discrimination relating to benefits status
New Part 2A also makes it an offence for a relevant person to act on the basis that a person is or may be a benefits claimant.
The prohibition covers preventing a person from enquiring whether the dwelling is available, accessing information about it, viewing it, or obtaining the grant, renewal or continuance of an occupation contract. It also covers applying a provision, criterion, or practice that makes benefits claimants less likely to obtain the grant, renewal, or continuance of an occupation contract than people who are not benefits claimants.
For benefits claimant discrimination, the statutory defence is limited to the insurance-related defence. The definition of benefits claimant is broad and includes entitlement to, or potential entitlement to, specified social security, welfare, tax credit, pension credit, or council tax reduction payments.
Publication-only exception
There is a limited publication-only exception. Conduct does not amount to an offence if it consists only of specified publication or communication-platform activities, such as publishing advertisements, disseminating information, or providing a means for prospective landlords and prospective contract-holders to communicate directly, where the person does nothing else in relation to the dwelling. This exception is in the new section 8C of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.
Affordability checks
The new rules do not prevent a landlord or agent from taking a person’s income into account when determining whether that person can afford the rent under an occupation contract. This is confirmed by the new section 8I.
Affordability checks should therefore be applied consistently and should assess the person’s ability to pay, rather than applying a blanket exclusion because the person has children or is, or may be, a benefits claimant.
Terms in occupation contracts
Section 46 of the Renters’ Rights Act 2025 inserts new fundamental provisions into the Renting Homes (Wales) Act 2016.
New section 54A provides that, subject to a limited exception, a contract-holder may permit a person under 18 to live in or visit the dwelling. The landlord must not interfere with or restrict that right unless the interference or restriction is a proportionate means of achieving a legitimate aim. Section 54A is a fundamental provision incorporated into occupation contracts, subject to a limited insurance exception.
New section 54B provides that the landlord under an occupation contract must not prohibit the contract-holder from being a benefits claimant. Section 54B is also a fundamental provision incorporated into occupation contracts, subject to a limited insurance exception.
Superior leases, mortgages and insurance restrictions
Landlords should not assume that a restriction in a superior lease, mortgage or insurance policy can justify a blanket ban on children or benefits claimants.
New sections 8F to 8H of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 provide that certain terms in superior leases, mortgages and insurance contracts are not binding to the extent that they would require a landlord or other person to prohibit or restrict children living at or visiting the dwelling, or to prohibit a contract-holder from being a benefits claimant.
The insurance exceptions are limited. In particular, some insurance terms are ineffective where the insurance contract was entered into, or its duration was extended, on or after the commencement date.