Are 'No Children' Policies Legal for Landlords in England?

Finding a home in England as a renter may be challenging—especially when faced with adverts or landlord policies that say ‘no children’. But what does the law actually say about this? Understanding your rights around family status can help you navigate the rental market and stand up to unfair treatment.

Your Rights as a Renter with Children

In England, it is illegal to discriminate against renters because of certain protected characteristics under the Equality Act 2010. While being a parent itself is not directly listed as a protected characteristic, discrimination on grounds of 'sex' (which includes pregnancy and maternity) and, in some circumstances, 'disability' or 'family status' may apply. 'No children' policies are often viewed as indirect discrimination, particularly against women or single parents who are more likely to be affected.

What Counts as Discrimination?

• Refusing to let to families with children or stating 'no children' in adverts
• Setting unfair terms or higher rent for tenants with children
• Denying access to facilities or services because you have children

Such policies may breach the Equality Act if they unjustly disadvantage groups protected by the law. The official Shelter guidance for professionals confirms this interpretation.

What Does the Law Say?

The key legislation covering these issues for renters in England is:

• Equality Act 2010
• Housing Act 1988 (as amended)

The UK Government states that blanket bans such as 'no children' can be unlawful, especially if they amount to indirect discrimination.

Official Tribunal for Disputes

If you believe you have been discriminated against because of a 'no children' policy, you can apply to the First-tier Tribunal (Property Chamber) in England. They handle a range of disputes between renters and landlords, including some discrimination cases.

How to Challenge a 'No Children' Policy

To challenge a potentially discriminatory policy, you can:

• Gather evidence: Save screenshots of adverts, messages, or correspondence mentioning 'no children'.
• Raise the issue: Contact the landlord or letting agent, letting them know such policies may breach the Equality Act 2010.
• Seek advice or legal support: Services like Shelter England or Citizens Advice can guide you.
• Complain to the agent’s redress scheme: If dealing with a letting agent, you can find their official redress scheme via this government service.
• Consider an application to the First-tier Tribunal: For some cases, using official forms (detailed below) may be the right next step.

Official Tribunals and Forms

If you wish to take formal action, the following forms are commonly used:

• Form ET1 – Employment Tribunal Claim Form
  (Not for housing cases: for tenants facing discrimination as an employee, not as a renter.)
• First-tier Tribunal (Property Chamber) Application Form: To challenge certain practices by landlords—such as unfair terms or refusal to let—complete the relevant form from the Property Chamber forms page (for example, 'Notice of Application (General)' for discrimination in tenancy matters). These forms should be accompanied by evidence and submitted as per the instructions on the form.

Example: If a landlord states they will not rent their flat to someone with children and you feel this is indirect discrimination, you may fill out the Notice of Application (General) and submit your claim to the First-tier Tribunal (Property Chamber).

If You Experience Discrimination

It's important to know that direct and indirect discrimination are often complex and sometimes difficult to prove. However, keeping clear records and following formal channels maximises your chance of a positive outcome.

1. Can a landlord legally say 'no children' in England?
   Landlords should not have blanket 'no children' policies. Doing so may be considered indirect discrimination under the Equality Act 2010, especially where it disadvantages women or single parents.
2. What should I do if a letting advert says 'no children'?
   Keep a copy of the advert and seek guidance from Shelter England or Citizens Advice.
3. How do I make a formal complaint about discrimination?
   You can start by contacting the letting agent’s redress scheme, and if unresolved, consider applying to the First-tier Tribunal (Property Chamber) using the official Notice of Application (General) form.
4. What is indirect discrimination in renting?
   Indirect discrimination happens when a policy—like 'no children'—disadvantages a group of people protected by law, such as women or people with certain protected characteristics.
5. Can I be refused a rental due to the number of children I have?
   While landlords may offer properties of suitable size, blanket bans on children or imposing unreasonable conditions are unlikely to be lawful in England.

Conclusion: Key Takeaways

• Blanket 'no children' policies by landlords are likely to breach the Equality Act 2010.
• You have the right to challenge unfair exclusion through tribunals or redress schemes.
• Document all correspondence and seek advice from trusted sources if you face discrimination.

Understanding your legal protections helps ensure access to fair and safe housing for you and your family.

Need Help? Resources for Renters

• Private renting: Your rights and responsibilities (GOV.UK)
• Discrimination in housing advice (Shelter England)
• Discrimination in housing (Citizens Advice)
• First-tier Tribunal (Property Chamber): Apply or contact
• Property Chamber Tribunal: Forms and guidance

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1. Equality Act 2010
2. Housing Act 1988
3. Shelter England: Equality Act 2010 and tenancies guidance
4. GOV.UK - "No DSS, no children or no BAME tenants" housing discrimination update
5. First-tier Tribunal (Property Chamber): Official forms

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