What Landlords need to know now!
As the Renters’ Rights Bill* (RRB) gets closer to becoming law – with its stated aim of delivering greater security and fairness for tenants - protection from discrimination will be a key component of the new Act.
At the time of writing it looks as if the bill is on schedule for enactment sometime in 2026, at which time it will be important for landlords and letting agents to be fully conversant with the measures contained in another related act of parliament, the Equality Act of 2010
This act is a significant piece of legislation made for the UK that consolidated and updated various other pieces of legislation brought in over previous years to support anti-discrimination laws.
The Act’s primary purpose is to prevent discrimination against individuals (tenants in this case) based on specific characteristics, such as age, gender, race, disability, and sexual orientation and the RRB will simply define and strengthen the existing law as it currently applies in renting.
The Equality Act applies in various settings including employment and the provision of consumer services such as renting. It also establishes the Public Sector Equality Duty (PSED), which is a legal requirement for public bodies to consider how their policies and decisions affect people who fall under the protected characteristics.
It’s going to be critical that landlords, letting agents, and all property professionals dealing with consumers understand how the changes in law might affect them as the RRA becomes law, and how it intersects with the already strict anti-discrimination framework.
Most landlords are generally aware of their obligations under the Equality Act 2010, if not in specifics, but the practical application of this legislation can be a legal minefield and something no landlord or letting agent wants to fall foul of —especially as the changes to tenancy laws under the RRA will shift the balance of power between landlords and tenants.
Under the Equality Act, landlords must not discriminate against prospective or existing tenants based on nine key protected characteristics:
For a start it’s not always easy to define exactly when discrimination has occurred as it’s often a matter of degree and opinion. It’s also difficult to prove or disprove.
Discrimination can take many forms as defined by the Act —direct, indirect, harassment, or victimisation—and even unintentional actions can sometimes land landlords and property professionals in legal hot water.
One common example might be triggered through the advertisement alone: when a property might be advertised as "suitable for professionals only". This could be construed as indirect discrimination, as would excluding individuals on claiming housing benefit – often referred to as DSS. This is said to be a group of people disproportionately composed of women, ethnic minorities, or disabled people.
The Renters' Rights Bill, as proposed, and before any amendments are adopted, will abolish Section 21 "no fault" evictions. It will create a national landlords’ register and introduce the new Decent Homes Standard which will apply both to the private rented sector (PRS)and the social housing sector.
While the Bill’s main focus is on housing quality (health & safety) and tenant security (security of tenure), it also makes landlords far more accountable than was previously the case, and this includes complying with the discrimination laws.
And here’s why:
This means landlords and agents have greater exposure to those elements that give rise to claims of discrimination.
Once Section 21 is removed, landlords must rely on Section 8 for evictions. Whilst the need to use the law to evict a tenant is a rare occurrence for most landlords, when the need does arise, proving a breach of tenancy or other valid grounds is not an easy process.
If the tenant/s refuse to leave having been served a Section 8 notice, disputes almost certainly go before a court or tribunal, meaning any claims of discriminatory treatment—however minor—could be tested in court.
Items such as failing to repair or discriminatory behaviour are commonly used as delaying tactics by tenants when, for instance, the landlord simply wants possession of the property due to a long history of late and nonpayment of rent.
Even subtle discriminatory behaviour or assumptions, for example, refusing to install minor adjustments for a disabled tenant, will be scrutinised by a judge who could easily take a dim view if the tenant can establish a pattern of behaviour that suggests some form of bias.
Such a situation is difficult for landlords to counter without meticulous evidence to the contrary. When the RRB becomes law all landlords and agents should be keeping detailed contemporaneous records of all communications with their tenants, as well as documentation (risk assessments) generated from regular tenancy inspections.
This evidence will be vital if a judge is to be satisfied on a genuine eviction claim brought by a landlord. Otherwise cases will be drawn out, and a long period without rent will ensue, accompanied by exorbitant legal costs.
New provisions in the bill give tenants the right to request a pet or make reasonable changes to the property such as grab rails, ramps, doorway widenings. These could expose landlords to discrimination claims if they refuse unreasonably—particularly where disability is a factor.
Tenants won’t automatically have the right to change decor without the landlord's permission as it’s not a specific provision within the bill. Landlords are not legally obligated to allow tenants to redecorate.
Tenants should always seek written consent from their landlord before making any changes to the decor, which should be addressed by a clause in the tenancy agreement. Anything agreed between the parties on changes to décor or other nonessential adjustments should always be formally documented.
Landlords and agents should be careful when deciding to refuse a request. For example, turning down a request to keep a dog may be reasonable if the property is a leasehold flat where the freeholder excludes pets. Also where the dog is unsuitable for the space, or if it will be left in the property all day when the tenant is out at work, and is likely to disturb the neighbours. It is also acceptable to refuse if the dog gets a poor vet reference or does not have the requisite injection record.
Landlords therefore need to make their refusal decisions carefully, put them in writing, and base them on objective property conditions, financial affordability, insurance limitations, or types of pets. You cannot simply make assumptions about a tenant’s background without getting yourself in legal hot water!
There has already been a government clamp down on "No DSS" policies and advertisements; those containing such notices following several high-profile court cases have been ruled as indirectly discriminatory. Landlords and agents can expect further infringements and crackdowns once the Bill becomes law. This, especially with the availability of a publicly searchable landlord register (database).
Landlords should avoid all forms of blanket bans in their advertising and agreements, whether these be aimed at benefits claimants, families with children, pets or specific nationalities. They should instead focus on the property criteria (income thresholds, references, etc.) that apply equally to all.
Again, documentary evidence here is vital. Having an interview checklist where all applicants are asked the same questions, regardless of their characteristics, is a great way to counter any charges of discrimination.
The other important precaution is having a witness present during encounters: during viewings, interviews, ingoing and outgoings, visits and inspections. Having two people present in these circumstances is by far the most satisfactory. This of course works both ways: a young female tenant applicant, for instance, is likely to feel much more comfortable if she encounters a viewing / interview where there is more than one person present.
The Bill proposes new routes for tenants to raise complaints, including through a specially strengthened private tenant Ombudsman scheme. It means that bringing a complaint will be easier and cost free for the tenant but makes reputational risk a bigger concern of landlords and agents.
Professional (portfolio) landlords or agents managing on behalf of clients will be expected to maintain high professional standards, so a complaint alleging discrimination - even if it is not upheld - can seriously damage a reputation, your own record in the eyes of regulators or future renters once landlord data becomes public and more transparent.
Buy-to-let landlords and letting agents, whatever the size of their operations, from a single property to portfolios in double figures, should use the time they’ve got before the new Bill becomes law to tighten up their property management, in other words, to professionalise.
Here’ what you can do:
The Renters’ Rights Bill is not just about protecting tenants; it’s a clear sign that the government is determined to professionalise the standards or operations in the PRS.
Those landlords who want to stay the course need to keep ahead of the curve; they must see compliance with the discrimination laws not as a box-ticking exercise, but as a central part of what they do and how they deal with people - ethically and in a sustainable letting business.
LandlordZONE will continue to follow the legislation closely and provide practical guidance for landlords navigating this shifting landscape.
Here’s a summary of the main points of the Renters’ Rights Bill
*The Renters’ Rights Act when it becomes law sometime in 2026 will introduce significant reforms in the private rented sector aimed at enhancing tenant protections in the UK and preventing discrimination. According to the government’s official guidance on the Bill, the key changes will:
[Credit main image: Luls Quintero]
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