Criminal Record: Can Landlords Refuse Tenants in England?

If a landlord in England asks about a criminal record, it is understandable to worry about being refused a tenancy. This guide explains what landlords may consider, the legal limits, and practical steps tenants and renters can take if they suspect unfair treatment. It uses plain language and focuses on tenant-facing actions: what to ask a landlord, how to document decisions, and where to find official forms and advice. You will also learn which law is relevant, which tribunal hears residential tenancy disputes, and simple steps to gather evidence and challenge a refusal without legal jargon.

Can a landlord refuse because of a criminal record?

Landlords may set reasonable criteria for tenants, but blanket bans based solely on a criminal record can raise legal issues. Relevant primary legislation for residential tenancies includes the Housing Act 1988 and the Rent Act 1977, which govern possession and tenancy types in England and Wales^[1][2]. Whether a refusal is lawful depends on the reason, the tenant's rehabilitation status, and any protected characteristics under discrimination law. Landlords should apply checks consistently and consider whether the criminal record directly affects the tenancy (for example, serious fraud in a role with money handling for communal funds may be relevant, whereas an old, spent conviction may not).

What checks can landlords reasonably request?

Landlords commonly request references, proof of income, and identity checks. Some ask for criminal history or use third-party referencing agencies. Tenants should know that a basic conversation about concerns is allowed, but demanding blanket disclosure of every conviction may be unreasonable. If a landlord requests a Disclosure and Barring Service (DBS) check, ask why it is necessary for the role of tenant and whether it will be applied to all applicants equally.

What to do if you are refused and suspect unfair treatment

Start by requesting a written explanation and keep all communications. Ask the landlord for the precise reason for refusal and whether the decision was based only on a criminal record, referencing your right to request clarification in writing. If you believe the refusal is discriminatory—because it targets a protected characteristic—document dates, names, and what was said.

Challenging a refusal and official routes

If informal resolution fails, tenants can seek advice and use formal routes. For housing and tenancy disputes the First-tier Tribunal (Property Chamber) deals with certain residential property matters and can be a forum for disputes about tenancy terms and possession in some cases^[3]. For court-based claims (for example, unlawful discrimination or other civil actions) you may need to start proceedings in the County Court using the appropriate court forms and procedures^[4]. Seek early advice from a local advice service or a solicitor.

FAQ

Can a landlord run a DBS check on me before renting?

Landlords can ask for checks, but a DBS check is unusual for standard tenancies; ask why it is needed and whether it will be applied equally to all applicants.

Does an old conviction have to be disclosed?

Many older convictions become "spent" under the Rehabilitation of Offenders Act and need not be disclosed for some purposes, but exceptions exist for specific roles; ask for clarity on what the landlord requires.

Where do I go if I think I was refused unfairly?

Start with written requests to the landlord, gather evidence, get free advice, and consider the First-tier Tribunal (Property Chamber) or County Court depending on the issue.

How-To

1. Gather evidence: collect adverts, messages, emails and any written refusal to show the decision and its timing.
2. Request an explanation in writing: ask the landlord to state the reason and their screening policy so you have a formal record.
3. Seek advice: contact a free advice service, housing charity helpline, or a solicitor for next steps and document review.
4. Consider formal action: if discrimination or unlawful refusal is suspected, prepare evidence and apply to the First-tier Tribunal or County Court as advised.
5. Use official forms and filing rules: complete the correct court or tribunal form and submit within the stated timeframes with your evidence and application fee information.

Key Takeaways

• Document every communication and keep copies of adverts and messages as evidence.
• Ask for written reasons for refusal and the landlord's screening policy to check consistency.
• Seek advice early and consider tribunal or court routes if informal resolution fails.

Help and Support / Resources

• First-tier Tribunal (Property Chamber) - GOV.UK
• Court forms and guidance - GOV.UK
• How to rent: the checklist for renting in England - GOV.UK

1. [1] Housing Act 1988 - legislation.gov.uk
2. [2] Rent Act 1977 - legislation.gov.uk
3. [3] First-tier Tribunal (Property Chamber) - GOV.UK
4. [4] Civil court forms collection (N1, N5, etc.) - GOV.UK