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Section 35: Discriminatory terms in a tenancy relating to children or benefits status

Renters' Rights Act 2025 · 2025 c. 26View on legislation.gov.uk

Part 1: Tenancy reform — Chapter 3: Discrimination in the rental market: England

A term of a relevant tenancy or regulated tenancy is of no effect so far as the term makes provision (however expressed) prohibiting the tenant from having a child live with or visit them at the dwelling or restricting the circumstances in which the tenant may have a child do so.

Subsection (1) does not apply if—

the provision is a proportionate means of achieving a legitimate aim, or
the landlord or a superior landlord is insured under a contract of insurance—
to which section 38 does not apply, and
which contains a term which makes provision (however expressed) requiring the insured to prohibit the tenant from having a child live with or visit them at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit them at the dwelling,

and the provision in the tenancy is a means of preventing the insured from breaching that term.

A term of a relevant tenancy or regulated tenancy is of no effect so far as the term makes provision (however expressed) prohibiting the tenant from being a benefits claimant.

Subsection (3) does not apply if the landlord or a superior landlord is insured under a contract of insurance—

to which section 38 does not apply, and
which contains a term which makes provision (however expressed) requiring the insured to prohibit the tenant from being a benefits claimant,

and the provision in the tenancy is a means of preventing the insured from breaching that term.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.