Pets, Benefits and Children - What England Landlords Can No Longer Refuse
Published: May 2026 | Reading time: 9 minutes | Category: Renters’ Rights Act
Three of the most common reasons landlords have historically refused tenants are now unlawful. Blanket ‘no DSS’ policies are gone. Blanket ‘no children’ policies are gone. And Blanket ‘no pets’ clauses cease to operate as an automatic refusal once a tenant makes a formal written request. These are permanent changes to how you operate as a landlord – not one-off tasks to tick off and forget.
This does not mean you have lost control of who you let to. It means the basis on which you can refuse has changed, and the way you handle applications, advertising, and pet requests needs to reflect that. This guide explains exactly where the lines now sit.
Key takeaways (read this first)
- Benefits and children – discrimination ban: You cannot refuse a tenancy application solely because the applicant receives benefits or has children. You must assess every applicant on individual merits – affordability, referencing, and character.
- Geographic scope: The discrimination ban applies in England and Scotland from 1 May 2026, and in Wales from 1 June 2026. In Scotland, breach is a criminal offence. In England and Wales it is a civil penalty. Northern Ireland is not covered.
- Pet requests – process matters: Tenants have a right to request a pet in writing. You have 28 days to respond. You can refuse – but only on reasonable grounds that relate to the property and the specific pet, not your feelings or past experience.
- Indirect discrimination is also banned: Wording like ‘young professionals only’, ‘permanent employment required’ or ‘no housing benefit’ in adverts constitutes unlawful discrimination. Review every advert and template you use.
- Your letting agent is your liability: If your agent discriminates on your behalf – in advertising, screening, or viewings – you are responsible.
- Pet damage insurance removed from the Act: You cannot require a tenant to take out pet damage insurance as a condition of keeping a pet. The Act originally included this provision; it was removed before Royal Assent.
- Once you agree to a pet, you cannot change your mind: Written consent is irrevocable. It covers that specific animal. A replacement pet requires a fresh request.
- Fines: England: civil penalty up to £7,000. Scotland: criminal offence, fine up to £1,000 plus potential loss of landlord registration. Wales: fixed penalty notice, typically up to £1,000.
⚠️ GEOGRAPHIC SCOPE - THIS ONE IS DIFFERENT FROM THE REST OF THE ACT
Discrimination ban (benefits and children): Applies in England and Scotland from 1 May 2026. Applies in Wales from 1 June 2026 – one month later.
Pet request rules (Section 10): England only. Scotland and Wales have separate pet frameworks. Northern Ireland: neither the discrimination ban nor the pet rules apply.
Enforcement differs by nation: England: civil penalty up to £7,000. Scotland: criminal offence, fine up to £1,000 (also relevant to fit and proper person registration tests). Wales: fixed penalty notices, typically up to £1,000.
Wales – additional obligation: Welsh landlords must update existing occupation contracts to include the new non-discrimination fundamental terms by 14 June 2026 – by issuing either a full updated written statement or a written statement of variation.
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Part 1 - Benefits and Children: The Rental Discrimination Ban
What the law says
It is unlawful for a landlord or letting agent to do anything that makes a prospective tenant less likely to rent a property, or prevents them from renting it, because they have children or receive benefits. The Act captures both direct and indirect discrimination.
Direct discrimination is straightforward: ‘No DSS’, ‘no children’, or ‘no housing benefit’ in an advert or stated to an applicant. That is unlawful.
Indirect discrimination is more subtle – and more dangerous, because landlords often commit it without realising. The Act captures any practice designed to prevent a benefits claimant or family with children from renting, even if it does not mention benefits or children explicitly.
Why “No DSS” adverts are now unlawful
For years, landlords and letting agents routinely used phrases like ‘No DSS’, ‘No housing benefit’, or ‘working tenants only’ in property adverts. That position has now changed.
Under the new rules, you cannot refuse an applicant solely because they receive benefits or have children. This applies not just to your final decision, but to how you advertise and market the property in the first place.
That means wording designed to discourage benefits claimants from applying is now unlawful. The same applies to wording that indirectly excludes families with children.
This is one of the biggest practical changes in day-to-day landlord advertising. Many older advert templates, agent defaults, and portal filters will now need updating.
INDIRECT DISCRIMINATION - LANGUAGE TO REMOVE FROM ALL ADVERTS AND TEMPLATES
✘ ‘Young professionals only’ – excludes families by implication
✘ ‘Must be in permanent employment’ – excludes benefits claimants and zero-hours workers
✘ ‘No housing benefit’ – direct discrimination, clearly unlawful
✘ ‘Suitable for a working couple’ – excludes families with children by implication
✘ ‘No DSS’ – direct discrimination, unlawful
✘ ‘Professional references required’ – if applied as a blanket policy, can indirectly discriminate against benefits claimants
What you can still do
The discrimination ban does not mean you must accept every applicant. You retain full control of your letting decisions – it is the basis of those decisions that changes.
WHAT REMAINS LAWFUL
✔ Affordability checks: You can assess whether the tenant can afford the rent. The standard test – rent no more than 35-40% of gross income – applies equally to all applicants regardless of income source.
✔ Referencing: Credit checks, landlord references, and employment or income verification are all lawful. You can reject an applicant who fails referencing – you just cannot refuse to reference them in the first place because of their family status or income source.
✔ Rent guarantors: You can require a guarantor from any applicant where referencing reveals a risk, including benefits claimants – as long as you apply the same standard to all applicants in comparable circumstances.
✔ Statutory overcrowding: If letting to a family would result in statutory overcrowding under the Housing Act 1985, you can refuse. Make sure you can demonstrate the overcrowding calculation if challenged.
✔ Individual assessment: You must assess each application on its own merits. A benefits claimant with strong references and a sound income-to-rent ratio is a sound tenant. Refusing them on the basis of their income source alone is not permissible.
Mortgage and insurance clauses
Many landlords have historically pointed to mortgage or insurance terms to justify refusing benefits tenants. The Act addresses this directly.
Any term in a mortgage, superior lease, or insurance contract entered into or renewed on or after the relevant commencement date that requires a landlord to discriminate against benefits claimants or families with children has no legal effect. You cannot be required to discriminate.
If your policy predates the commencement date and has not yet been renewed: any restrictive clause remains technically in effect until the contract ends or is renewed – at which point it becomes void. Check your mortgage and insurance terms at your next renewal and flag any such clauses with your broker.
📌 NOTE ON COMMENCEMENT DATES FOR INSURANCE CLAUSES
England and Scotland: any insurance or mortgage term that discriminates is void if the contract was entered into or renewed on or after 1st May 2026.
Wales: the equivalent date is 1st June 2026.
Fines and enforcement - by nation
Nation
Enforcement approach
England
Civil penalty up to £7,000 per breach. Multiple penalties for continued and repeat breaches. Prospective tenants may also pursue court claims. From 2028, claims will also be possible via the Private Rented Sector Ombudsman.
Scotland
Criminal offence. Fine up to £1,000 (Level 3, standard scale). Convictions are relevant to the fit and proper person test for landlord and letting agent registration. Police Scotland and the Procurator Fiscal handle investigation and prosecution.
Wales
Fixed penalty notices, typically up to £1,000. Enforcement by local authorities.
Northern Ireland
Not covered. The discrimination ban does not extend to Northern Ireland.
Your letting agent is your liability. If your agent discriminates on your behalf in how they advertise your property, screen applicants, or conduct viewings, you are responsible. Ensure your agent is compliant and get their confirmation in writing.
The second major change affects pets and this is where many landlords misunderstand what the law actually says.
Part 2 - Pets: The New Request and Response Process
Note: The pet request framework (Section 10 of the Act) applies to England only. Scotland and Wales have separate housing frameworks. See the geographic scope callout above.
The new framework in plain English
Every tenant in England has an implied contractual right to request a pet. You cannot have a blanket ‘no pets’ policy that operates before a request is even made. Once a tenant makes a formal written request, you must consider it on its merits – and you can only refuse if you have a reasonable ground that relates specifically to the property and the pet.
📌 YOU CAN STILL ADVERTISE 'NO PETS' - HERE IS WHY
The right to request a pet belongs to tenants – not to applicants. This is a meaningful distinction.
At the advertising and application stage: you can advertise ‘no pets’ and screen out applicants with pets before any tenancy begins. This is still lawful.
Once the tenancy starts: your tenant acquires the right to make a formal written request. From that point, you must consider it – and can only refuse on reasonable grounds. Your ‘no pets’ preference is most effectively communicated at the listing stage.
The 28-day process - step by step
Step
What must happen
Tenant submits request
Must be in writing. Must describe the specific pet – species, breed, name or description. Permission is granted for that pet, not for any pet.
Within 28 days
You must respond in writing – either granting or refusing consent. Missing the deadline gives the tenant grounds to apply to court.
If you need more information
Ask within the initial 28-day window. The clock pauses until the tenant replies. If the tenant does not reply within a reasonable period, document this in writing.
If a superior landlord is involved
If the property is leasehold, you may need the freeholder’s consent. Request it promptly – this can extend the 28-day period, but you must take ‘reasonable steps’ to obtain it.
If you consent
Consent is irrevocable. You cannot change your mind later. Having the agreed pet is not a breach of the tenancy agreement.
If you refuse
You must give clear written reasons. The reasons must be reasonable and must relate to the property and the pet – not your feelings, past pet damage, or a blanket policy.
If you do not respond
The tenant may apply to court to force consent. Do not let the 28-day window expire without a response.
Reasonable grounds to refuse – what the guidance says
The government has not published a definitive list. What the Act and guidance make clear is that refusals must be based on the property and the specific pet – not on general preferences or previous bad experiences.
LIKELY REASONABLE GROUNDS TO REFUSE
✔ Leasehold restriction: The superior lease or freeholder prohibits pets and you have taken reasonable steps to obtain consent but been refused.
✔ Property too small: The type or size of pet is genuinely unsuitable for the property size or available outdoor space. A Great Dane in a studio flat.
✔ Too many pets: The number of animals is disproportionate to the property size.
✔ Illegal to own: Prohibited under the Dangerous Dogs Act 1991 or Dangerous Wild Animals Act 1976.
✔ Pet welfare concerns: Genuine concerns about the animal’s welfare in that property – for example, a dog left alone for extended periods in a flat with no outdoor access.
✔ Another occupant’s allergy (HMO context): If the property is an HMO and another tenant has a documented allergy to the type of pet requested, this is likely to be considered reasonable grounds to refuse.
NOT REASONABLE GROUNDS TO REFUSE
✘ ‘My last tenant’s pet caused damage.’ Government guidance is explicit: past pet damage history at the property is not a valid reason to refuse a different tenant’s request. The focus is on this pet, in this property, with this tenant.
✘ ‘I don’t like pets.’ Personal preference is not a legal ground for refusal.
✘ ‘It will put off future tenants.’ Speculative future impact is not a valid ground.
✘ ‘It might damage the property.’ General concern about damage, without specific reasoning about this pet’s unsuitability for this property, is not sufficient.
✘ ‘My insurance doesn’t cover pets.’ Insurance concerns are not a valid ground under the Act. Review your policy, but do not cite it as a reason to refuse.
Pet damage insurance – removed from the Act
The Renters’ Rights Act originally proposed that landlords could require tenants to take out pet damage insurance. This provision was removed before the Act received Royal Assent. You cannot require a tenant to purchase insurance as a condition of keeping a pet.
The government’s position is that the standard tenancy deposit is sufficient to cover pet-related damage. If a tenant’s pet causes damage during the tenancy, your remedy is the deposit – and, if damage exceeds the deposit, a money claim through the courts or through Ground 13 or 15 at possession proceedings.
⚠️ NOTE FOR LANDLORDS WHO HAVE READ OUTDATED GUIDANCE
Several landlord guidance websites still reference pet damage insurance as an option. It is not. The provision was removed in September 2025 before Royal Assent. You cannot require it as a condition of keeping a pet.
Permission is specific – not general
When you agree to a pet, you are agreeing to that specific animal as described in the tenant’s written request. If the agreed pet dies and the tenant wants a new one, they must make a fresh written request. The original consent does not transfer to a replacement animal, even of the same breed.
Make your written consent specific: ‘Consent is granted for one black Labrador, as described in your request dated [date].’ This protects both parties and makes the position clear if ever questioned.
What happens if a tenant keeps a pet without permission
A tenant who acquires a pet without making a formal request, or after a valid refusal, is in breach of the implied tenancy term. This is a tenancy breach you can act on – but through the correct Section 8 grounds only. Ground 12 (breach of tenancy agreement) is discretionary, so a court will consider whether possession is reasonable. Grounds 13 or 15 apply if the pet has caused deterioration to the property or its furniture. See Section 8 Explained for how these grounds work in practice.
Part 3 - Your Ongoing Compliance Obligations
The discrimination ban and pet request process are permanent changes to how you operate as a landlord – not one-off tasks. Three areas require ongoing attention.
1. Advertising – every listing, every time
Every property you advertise must be free of language that directly or indirectly discourages applications from benefits claimants or families with children. This applies to every new listing you create and every template your letting agent uses on your behalf.
Your letting agent is your liability. If your agent places discriminatory wording in a listing, you are responsible. Brief them clearly and get written confirmation that their templates are compliant.
2. Applicant assessment – consistent and documented
When you receive applications, assess each one on individual merits – affordability, referencing, character. You can reject an applicant who fails referencing. You cannot reject them because of their income source or family situation before the referencing process has even begun.
Document your decisions. If a discrimination complaint is ever made, your evidence is your contemporaneous notes: who applied, what your assessment process was, why you selected the tenant you selected. ‘They had the best references’ is a defensible position. ‘I preferred a working couple’ is not.
3. Pet requests – process every time, without exception
You need a consistent process for handling pet requests. Every request must be logged, assessed, and responded to in writing within 28 days. This applies from the first request you receive and for every one that follows.
- Log every request the day it arrives – this starts the 28-day clock.
- Assess it against the property – size, outdoor space, leasehold restrictions, other occupants’ circumstances.
- Respond in writing within 28 days – consent with any conditions, or refusal with clear written reasons.
- Keep everything – the request, your response, any information exchanged. If a refusal is challenged, this is your evidence.
IF YOU HAVEN'T DONE THESE YET - ONE-TIME SETUP TASKS
Advertising audit: Review every platform where your properties are advertised. Remove any language that discourages benefits claimants or families with children – including any preferences or filters set in your letting agent’s software.
Tenancy template update: Remove any blanket ‘no pets’ clause from your standard tenancy agreement. Replace it with a clause allowing pets with prior written consent, which will not be unreasonably withheld. A blanket clause has no legal effect and damages your credibility in any dispute. See Your Tenancy Agreement Has Changed – A Complete Guide for England Landlords for the detail.
Letting agent briefing: Confirm in writing that your agent’s advertising templates and applicant screening processes comply with the new rules.
Mortgage and insurance review: Check your terms for any clauses that restrict benefits tenants or families. Flag them with your broker at your next renewal – these clauses are void in all contracts entered into or renewed on or after the relevant commencement date for your nation.
Pet request log created: Have a simple log ready – a spreadsheet works – so every pet request is recorded from the moment it arrives.
Wales landlords only – contract variation: You must update your existing occupation contracts to include the new non-discrimination fundamental terms by 14 June 2026. Issue either a full updated written statement or a written statement of variation. Failure to do so means contract-holders can claim daily compensation.
YOUR ACTION LIST - DO THESE IN ORDER
- Every new property listing: check it contains no language that directly or indirectly discourages benefits claimants or families with children before it goes live. Apply the same check to your letting agent’s templates.
- Every applicant: assess on individual merits – affordability, referencing, character. Document your assessment and the reason for your selection decision.
- Every pet request (England only): log it the day it arrives. You have 28 days to respond in writing. Never let the window expire without a response.
- When assessing a pet request: focus on the property and the specific pet – size, type, outdoor space, leasehold restrictions, other occupants. Write down your reasoning before you respond.
- If you refuse a pet request: state specific written reasons. Vague refusals are more likely to be overturned on challenge. Keep your refusal letter and the reasoning behind it permanently.
- If you grant a pet request: make your written consent specific – name the pet, describe it, date it. That consent is irrevocable for that specific animal. A new request is needed for any replacement pet, even of the same breed.
- At every mortgage and insurance renewal: check for clauses prohibiting benefits tenants or families with children. Any such clause in a contract renewed on or after the relevant commencement date is void – flag it with your broker.
- Wales landlords: issue the written contract variation to all existing contract-holders by 14th June 2026. Do not miss this. Failure means contract-holders can claim daily compensation.
- Periodically re-brief your letting agent – especially when you take on new properties or they update their software templates. Your liability for their practices does not diminish over time.
TEMPLATES AND TOOLS FOR ALL OF THIS
The England Landlord Compliance Toolkit gives you the actual working documents behind this article.
- 40-point compliance checklist
- Information sheet delivery log
- Section 8 quick reference guide
- Rent increase letter template
- Pet request response templates
- Key landlord deadlines calendar
Instant access. Download and use today.
A NOTE ON THIS ARTICLE
This article is guidance only and not formal legal advice. The Landlord Brief aims to translate complex legislation into plain English — but every landlord’s situation is different.
If you have tenants in rent arrears, a possession case in progress, or a complex tenancy arrangement, we strongly recommend speaking to a specialist landlord solicitor before acting.