New Anti-Discrimination Protections for Renters with Children or Benefits

Renters in Wales may worry that having children or receiving benefits will reduce their chance of finding a home. This guide explains what protection currently exists, what landlords and agents must consider, and what a tenant can do when an advert, application, rent decision, or eviction appears unfair. Having children or receiving benefits is not, by itself, a protected characteristic under the Equality Act 2010, so the legal position can be more limited than many people expect. However, refusing a tenant may still be unlawful if the decision disadvantages someone because of disability, sex, race, pregnancy, or another protected characteristic. The Renting Homes (Wales) framework also gives renters important rights about contracts, notices, and possession.

What the current protection means in Wales

There is no general Welsh rule that makes every refusal to rent to a family or a person receiving benefits automatically unlawful. A landlord or letting agent should still assess applications fairly and apply tenancy criteria consistently. A blanket statement such as “no children” or “no benefits” may be evidence of unfair treatment, but it does not decide the legal question on its own.

The Equality Act 2010^[1] protects people from discrimination connected with characteristics including disability, race, sex, pregnancy and maternity, and religion or belief. For example, a benefits-related refusal could raise an Equality Act issue if the policy places disabled applicants at a particular disadvantage and cannot be justified. A family may also need advice if treatment is connected to pregnancy, maternity, or a child’s disability.

How discrimination can appear

Discrimination may occur during advertising, viewing, referencing, affordability checks, tenancy negotiations, rent decisions, repairs, or possession action. It can be direct, such as refusing an applicant because they are pregnant, or indirect, such as applying a rule that disadvantages disabled applicants without a sound and proportionate reason.

• Keep the advert, messages, application documents, affordability calculations, and any written reason for refusal.
• Ask the landlord or agent to explain the policy and whether the same criteria are applied to every applicant.
• Consider whether the decision is linked to a protected characteristic, a reasonable adjustment, or a retaliatory response to asserting a legal right.

Children, benefits and affordability checks

A landlord may usually check whether rent is affordable and may ask for evidence of income, references, or a guarantor, provided the process is lawful and applied fairly. Benefit income should not automatically be treated as worthless income when assessing affordability. The safest approach is to ask for the criteria in writing and explain all reliable sources of income.

Do not alter documents or conceal household members. Instead, keep a record of the application and ask for a reasonable opportunity to provide further information. If a guarantor is requested, ask whether an alternative such as a larger deposit is lawful and available; Wales has rules restricting prohibited payments and deposits under the Renting Homes (Fees etc.) (Wales) Act 2019.

Tenancy rights after you move in

The Renting Homes (Wales) Act 2016^[2] governs most private rented occupation contracts in Wales. It sets rules about written statements, terms, repairs, fitness for human habitation, occupation contracts, and possession notices. A landlord cannot lawfully use a notice simply to punish a renter for raising a genuine legal concern, although the detailed protection depends on the contract type, notice, dates, and facts.

Keep your written statement, rent records, repair reports, photographs, and correspondence. If the dispute concerns a child or benefit income, separate the discrimination evidence from ordinary rent or repair evidence so that each issue can be explained clearly.

Where to complain or apply

Start with a written complaint

Send a short complaint to the landlord or agent. State what happened, the date, the policy or comment involved, the impact on you, and the outcome you want. Ask for a response within a reasonable period and retain proof of delivery. If an agent belongs to a redress scheme, ask for its scheme details and complaint process.

Residential Property Tribunal Wales

The Residential Property Tribunal Wales^[3] handles specified residential property disputes in Wales. Its application requirements depend on the type of case, and not every Equality Act discrimination claim belongs there. The tribunal can provide the relevant application route and explain fees or fee remission where available.

There is not one universal discrimination form for every private renting complaint. Use the tribunal's current application form where the dispute falls within its jurisdiction; for an Equality Act claim outside that jurisdiction, obtain prompt advice about the correct court or procedure. Include a clear chronology, copies of documents, and the remedy sought.

Evidence and practical deadlines

• Save screenshots showing the date, wording, and contact details of an online advert.
• Submit complaints and tribunal applications using the current form or online process named by the official body.
• Check every notice and legal claim for its response deadline because missing a deadline can limit your options.
• Keep rent payment records and benefit award letters if affordability or arrears are part of the dispute.

Frequently Asked Questions

Can a Welsh landlord refuse a tenant because they receive benefits?

Receiving benefits is not, by itself, a standalone protected characteristic under the Equality Act 2010, but a refusal may still be unlawful if it is linked to another protected characteristic or breaches another legal rule.

Can a landlord advertise a property as adults only?

An adults-only statement may be evidence of unfair treatment, but whether it is unlawful depends on the facts and any connection with a protected characteristic, contractual rule, or other housing law.

Which tribunal deals with residential tenancy disputes in Wales?

The Residential Property Tribunal Wales handles specified residential property disputes, but it does not handle every Equality Act claim, so check its jurisdiction before applying.

What evidence should a renter keep?

Keep adverts, messages, application forms, income evidence, refusal reasons, tenancy documents, rent records, photographs, and a dated account of events.

How-To: Challenge suspected discrimination

1. Collect the advert, messages, documents, names, dates, and reasons connected with the decision.
2. Write to the landlord or agent describing the concern and requesting an explanation or reasonable correction.
3. Identify whether the facts involve disability, race, sex, pregnancy or maternity, religion or belief, or another protected characteristic.
4. Check any tenancy, tribunal, court, or complaint deadline and act before it expires.
5. Use the appropriate official application route or obtain advice if the Residential Property Tribunal Wales is not the correct forum.

Help and Support / Resources

• Welsh Government housing information
• Residential Property Tribunal Wales
• GOV.UK housing and renting guidance

1. [1] Equality Act 2010, legislation.gov.uk
2. [2] Renting Homes (Wales) Act 2016, legislation.gov.uk
3. [3] Residential Property Tribunal Wales, Welsh Government