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Section 36: Terms in superior leases 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 lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to—

prohibit a sub-tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or
restrict the circumstances in which a sub-tenant under a relevant tenancy or regulated tenancy may have a child live with or visit them at the dwelling.

Subsection (1) does not apply if—

the provision is a proportionate means of achieving a legitimate aim, or
the landlord under the lease 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 a sub-tenant from having a child live with or visit them at the dwelling or to restrict the circumstances in which a sub-tenant may have a child live with or visit them at the dwelling,

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

A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to prohibit a sub-tenant under a relevant tenancy or regulated tenancy from being a benefits claimant.

Subsection (3) does not apply if the landlord under the lease 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 a sub-tenant from being a benefits claimant,

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

For the purposes of this section, the terms of a lease include—

the terms of any agreement relating to the lease, and
any document or communication from the landlord that gives or refuses consent for sub-letting under the lease to a category or description of person.

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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.