The government is introducing tougher enforcement measures under the Renters Rights Act, placing landlords and letting agents at risk of multiple fines of up to £7,000 per breach if found guilty of rental discrimination.
The Act strengthens existing anti-discrimination rules by making it illegal for landlords to impose blanket bans on tenants who receive benefits. This obligation extends to letting agents, including situations where external referencing companies are used and those systems unfairly exclude benefit recipients. Discrimination against tenants with children is also expressly prohibited.
These changes build on protections already set out in the Equality Act 2010, which bans discrimination based on protected characteristics such as disability, gender reassignment, and age, though age-related cases may require more nuanced assessment depending on context.
What Happens If a Complaint Is Made?
Where a complaint of rental discrimination is raised, the local council will contact the agent or landlord and may issue a “notice of intent.” This formally signals the council’s intention to impose a civil penalty for breaching rental discrimination laws.
Once served, the accused party has 28 days to submit a written representation, providing evidence that their actions were reasonable and that discrimination did not occur.
Acceptable evidence may include:
- Time-stamped communications such as emails, text messages, or voicemails
- Copies of property adverts or listings
- Legal documents, including deeds, insurance policies, or licensing conditions
- Supporting materials such as brochures showing a property is restricted to student housing or retirement accommodation
If the council concludes that discrimination has occurred, a civil penalty of up to £7,000 may be imposed. A final notice will be issued, detailing the amount payable and the deadline for payment.
Importantly, penalties may still apply even if the breach occurred without the landlord’s or agent’s direct knowledge, or as a result of what the government describes as “neglect.”
Continuous and Repeated Breaches
Government guidance, due to take effect in May next year, makes clear that penalties can quickly escalate.
In one example, a landlord instructs an agent to advertise a property stating “no children allowed.” The advert is reported, the council confirms discrimination, and a £5,000 fine is issued.
If the offending advert remains live 28 days later, the council may impose a further penalty for a continuous breach, repeating this process every 28 days until the breach is remedied.
In another example, a landlord advertises that they will not rent to people on benefits. A £5,000 fine is issued. When the advert remains online after 28 days, an additional £6,000 penalty follows. Only after the advert is removed does enforcement stop.
A repeated breach, defined as committing the same type of discrimination within five years, can trigger even heavier penalties. In such cases, the offender may face:
- Up to £7,000 for the new breach, plus
- An additional £7,000 for repeating the same offence
Further guidance is available via official government channels.
Compliance Insight for Property Professionals
The Renters Rights Act signals a shift from one-off penalties to sustained enforcement. What now matters just as much as the original breach is how quickly and decisively agents respond once an issue is flagged. Leaving a discriminatory advert online, even unintentionally, can result in fines stacking up every 28 days.
Agents can no longer rely on landlords’ instructions, third-party referencing systems, or ignorance as a defence. Every listing, message, and screening process must be actively monitored and documented. Failure to act promptly or maintain proper records exposes businesses to escalating financial penalties and reputational damage.
The takeaway is clear: compliance is ongoing, not reactive. Those who treat it casually may find small oversights turning into very expensive lessons.
