Family Size Questions in English Rental Applications: Legal Rights

When searching for a new home in England, many renters wonder if landlords can legally ask about family size. This topic is important for families, couples, and even single tenants, especially given England’s strict laws regarding discrimination in housing. Knowing your rights can help you recognise unfair treatment and feel confident when applying for a rental property.

Family Size and Rental Applications: What Are Landlords Allowed to Ask?

Landlords in England often want to know how many people will be living in the property. This is partly to ensure the accommodation meets health and safety regulations, such as avoiding overcrowding under the Housing Act 2004. However, the Equality Act 2010 prohibits discrimination based on certain ‘protected characteristics’—for example, sex, race, disability, pregnancy, or being a parent.

• Landlords can ask how many people, including children, will be living in a property to check if it’s suitable.
• They must not refuse to rent to you solely because you have children, as this may qualify as discrimination by association.
• Refusing families or single parents without fair justification may breach equality laws.

Relevant Legislation

Two main laws protect renters in these situations:

• Equality Act 2010 – Makes it illegal to discriminate against someone because of protected characteristics. This generally covers direct and indirect discrimination.
• Housing Act 2004 – Covers safety standards in rented homes, including preventing overcrowding.

If a landlord asks about family size to follow health and safety rules, it is typically allowed. But using this information to unfairly reject your application is unlawful.

When Are Family Size Questions Discriminatory?

Family size questions cross into discrimination when a landlord:

• States “no children” or “adults only” without a legitimate reason (such as an occupancy restriction imposed by local council)
• Charges higher rent, deposits, or extra fees simply because you have children
• Treats you less favourably than other applicants due to your family circumstances

What to Do If You Face Discrimination

If you believe a landlord has treated you unfairly due to your family size, you have options:

• Document all communications and adverts relating to the rental
• Contact the landlord or letting agent to ask for clarification
• Reach out to your local council’s housing department for advice
• Submit a complaint to the Housing Ombudsman Service if you are renting from a social landlord
• For private landlords, consider legal advice or support from national organisations

Official Forms: How to Challenge Discrimination

If direct negotiation doesn’t resolve your issue, you can formally complain or seek action:

• Form ET1 (Employment Tribunal Claim Form): While mainly for workplace discrimination, this form can sometimes be used for wider equality issues when referred by the Equality Advisory Support Service (EASS). For rental discrimination, start with EASS, who may direct you on next steps.
• Discrimination Complaint Guidance: Official UK guidance on making a discrimination complaint, including template letters.
• First-tier Tribunal (Property Chamber): Handles disputes between private renters and landlords, including issues related to tenancy conditions and discrimination.

Example: If you were refused a property and told, "No families allowed," you could:

• Document the refusal
• Contact EASS for advice
• Follow their guidance to pursue a complaint

Summary: Most family size questions are legal if they relate to safety or suitability. Discriminatory treatment is not.

FAQ

1. Can a landlord refuse to rent to me because I have children?
   No. Under the Equality Act 2010, refusing to rent to someone solely because they have children is generally unlawful discrimination.
2. Are landlords allowed to set limits on the number of people living in a property?
   Yes, if these limits are based on health and safety or council rules about overcrowding under the Housing Act 2004. Limits must be applied fairly to all renters.
3. What should I do if I suspect discrimination?
   Collect evidence of what was said or written, contact the landlord for clarification, and seek advice from the Equality Advisory Support Service (EASS). You may also involve your council or relevant tribunal.
4. Is it legal for letting agents to advertise “no children” properties?
   Generally no, unless the restriction is required by law (for example, due to an occupancy limit). This may breach equality law.
5. Which tribunal handles rental discrimination cases in England?
   The First-tier Tribunal (Property Chamber) handles certain private rental disputes, and the Housing Ombudsman Service covers social rentals.

Conclusion: Key Takeaways

Understanding your rights is essential when renting in England. Remember:

• Landlords may ask about family size for safety, but not to discriminate.
• Refusals based solely on family status can breach the Equality Act 2010.
• Use official services like EASS, local councils, or tribunals if you need help.

Knowing these basics can help you respond confidently during your rental search.

Need Help? Resources for Renters

• Equality Advisory Support Service (EASS) — Get advice on rights and discrimination
• Government guidance on private renting — Rules and advice on all aspects of renting
• Housing Ombudsman Service — Complaints about social landlords
• First-tier Tribunal (Property Chamber) — Private rental disputes and appeals
• Find your local council — For housing enforcement and tenant services

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1. Equality Act 2010
2. Housing Act 2004
3. Government private renting official guidance
4. First-tier Tribunal (Property Chamber)

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