Landlords Could Be Banned From Not Renting to Benefits Claimants and Families With Children

New clauses proposed for the Renters (Reform) Bill enable local authorities to impose financial penalties on landlords in breach of the measures.
Landlords Could Be Banned From Not Renting to Benefits Claimants and Families With Children
An array of To Let signs adorn properties to rent in the Selly Oak area of Birmingham, England, on Nov. 23, 2016. (Christopher Furlong/Getty Images)
Evgenia Filimianova
11/15/2023
Updated:
11/15/2023
0:00
New clauses proposed for the Renters (Reform) Bill ban landlords from making it harder to rent for people who have children or are on benefits.

The amendments to the bill were tabled on Wednesday and apply to England and Wales, with plans to extend to Scotland via further amendments.

These and other new clauses relating to discriminatory practices in relation to the granting of tenancies are expected to shape a new chapter of the bill.

Local housing authorities will be able to impose financial penalties on landlords in breach of the new measures. More than one financial penalty may be imposed if certain criteria are met.

The terms of a relevant tenancy will be considered ineffective, as long as they prohibit a tenant from having a child live with or visit them, or from being a benefits claimant.

The changes put forward are meant to ensure that families aren’t discriminated against when looking for a home to rent and protecting the most vulnerable.

Landlords will still be able to check the prospective tenants’ references and have the final say in the letting decision.

Homeless charity Shelter welcomed the amendments and called on the government to ban all “underhanded forms of discrimination.”

“Making ‘no DSS’ and ‘no children’ policies directly illegal in the Renters Reform Bill is crucial. Renters have waited a long time to see this commitment!” the charity said on X, formerly known as Twitter.

In the lettings industry, “DSS” refers to private tenants who claim benefits.

Decent Homes

Alongside these changes, the bill will include provisions for a decent homes standard (DHS) to be applied in the private rental sector for the first time.

According to the standard, which will be set following further consultation, tenants should be able to expect a “safe, warm, and decent” home.

The Department for Levelling Up, Housing and Communities said that the DHS will help to reduce non-decency in rented homes by 50 percent by 2030.

“Everyone deserves a home that is safe, warm, and decent. But far too many live in conditions that fall well below what is acceptable. As part of our Long-Term Plan for Housing we are improving housing standards across the entire private rented sector, while also ending discrimination against vulnerable people and families who are being unfairly denied access to a home,” said Housing Secretary Michael Gove.

Local authorities will be able to require landlords to adhere to the decent homes standard. Landlords may face fines up to £30,000 or a banning order in the worst cases.

Another update will bring relief to tenants who want to claim their rent back. They will be able to claim up to two years rent back through repayment orders. This is an extension to a previously accepted period of 12 months.

The proposed amendments will be considered at the committee stage in the House of Commons.

The Housing Department called it “once-in-a-generation change to housing laws.”

It will “ensure the 11 million tenants across England will benefit from safer, fairer, and higher quality homes,” the government said.

The timing of the amendments has been criticised by campaigners, who argue that publishing the proposals during the committee stage undermines security.

Campaign group Renters Reform Coalition said that the amendments should have been available to comment on for weeks.

“It’s ridiculous that politicians and experts will be expected to scrutinise over 100 pages of amendments, with some giving oral evidence as soon as tomorrow. It doesn’t help that this is happening the day after the housing minister was sacked,” said Campaign Manager Tom Darling.

The Housing Department saw its minister of state replaced in a recent Cabinet reshuffle by the Prime Minister Rishi Sunak.

Lee Rowley has been appointed as the new housing minister, following the dismissal of Rachel Maclean, who was the 15th person to hold the role since 2010.

Evgenia Filimianova is a UK-based journalist covering a wide range of national stories, with a particular interest in UK politics, parliamentary proceedings and socioeconomic issues.
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