Discrimination – what are the new discrimination laws?

The Renters' Rights Bill introduces significant reforms aimed at eliminating discriminatory practices in the private rental sector. If you are a self-managing landlord in the Salisbury, Wilton, or Warminster area, it's essential to understand these changes to make sure you stay compliant and promote fair and accessible rental opportunities.
The government is taking a firm stance against unfair treatment of tenants, and landlords must adapt their policies accordingly.

Key Provisions on Rental Discrimination
1. Prohibition of Discrimination Against Benefit Recipients and Families with Children
One of the most critical aspects of the Renters' Rights Bill is the explicit prohibition of discrimination against tenants who receive benefits (such as Universal Credit or Housing Benefit) and those with children. In the past, some landlords and letting agents have implemented blanket bans, often using phrases like "No DSS" or "No Children" in property advertisements. These practices are now deemed illegal, and landlords must consider all prospective tenants fairly.

2. Requirement for Individual Assessments
Instead of applying blanket policies, landlords are now required to assess all rental applications on a case-by-case basis. While affordability checks remain permissible, decisions should be based on objective financial considerations rather than assumptions about benefit recipients or families. A fair and transparent application process helps landlords comply with the law while also ensuring they find reliable tenants.

3. Tackling Indirect Discrimination
Discriminatory practices are not always overt. Policies that indirectly disadvantage certain groups can also be deemed unlawful. For example, setting income thresholds that automatically exclude those on benefits, requiring unrealistic financial guarantees, or insisting on full-time employment could be interpreted as discriminatory. The new regulations encourage landlords to make reasonable adjustments and to consider different forms of income verification.

Practical Implications for Landlords

If you advertise your rental property online, or through letting agents, make sure that your listings comply with the new laws. Avoid using phrases that exclude specific groups, such as:

•    "No DSS" or "No Benefits"
•    "Professionals only"
•    "No children"

Instead, focus on neutral language that describes the property and tenancy terms objectively. For example:
•    "A spacious two-bedroom flat available for long-term tenancy. Applicants must pass affordability and reference checks."

Develop a Transparent Tenant Selection Process
To ensure fairness and compliance, create a clear selection process that evaluates applicants based on their ability to sustain the tenancy. Key steps include:
•    Accepting all applications and reviewing them based on the same criteria.
•    Using standard affordability checks, considering both employment income and benefits.
•    Seeking references from previous landlords rather than making assumptions based on stereotypes.
•    Clearly documenting reasons for rejecting applicants, ensuring they align with legitimate concerns (e.g., affordability, poor rental history) rather than discriminatory biases.
Ensure your tenancy agreements do not contain clauses that could be deemed discriminatory. If you use a template, update it to reflect the latest legal standards, or consider having a solicitor review it for compliance.

Stay Informed and Get Support

If you are a landlord in the Wilton, Amesbury, Salisbury or Warminster area, why not join us for a Landlord Legal Update Evening with property compliance expert Darrel Kwong to get a clear understanding of the changes. With years of experience advising landlords and letting agents, Darrel will break down the most important changes, from abolishing Section 21 evictions to new tenancy structures and landlord responsibilities.

📅 Wednesday 26th March 2025, 6pm – 8pm, Weavers Café, The Guild, Wilton

Spaces are limited so make sure you secure your ticket now: https://www.eventbrite.co.uk/e/landlord-legal-update-tickets-1248302770189?utm-campaign=social&utm-content=attendeeshare&utm-medium=discovery&utm-term=listing&utm-source=cp&aff=ebdsshcopyurl