Beyond “No DSS” and “No Children”: Legal Letting Rules for Landlords

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The way landlords screen tenants is under closer scrutiny than ever. Practices that were once considered standard, such as advertising “No DSS” or “No Children”, are now increasingly difficult to justify. As the Renters’ Rights Act moves towards implementation from 1 May 2026 in England, the focus has shifted firmly towards fairness, transparency, and accountability.

For landlords, this raises an important question.

How do you protect your rental income and reduce risk without crossing legal boundaries?

This guide explains what has changed, what to avoid, and how to replace outdated restrictions with compliant, practical alternatives.

Related: Rent in advance changes: what landlords should put in adverts

What “No DSS” and “No Children” rules actually risk

At first glance, these restrictions may seem like simple ways to manage risk. However, the direction of the Renters’ Rights Act is clear. Landlords and agents in England will not be able to discourage or refuse applicants simply because they receive benefits or have children.

This means the issue is not just about compliance. Such policies can also limit your pool of potential tenants and increase void periods.

Why blanket restrictions are no longer effective

Because of these risks, broad exclusions are becoming less effective both legally and commercially.

They rely on assumptions rather than evidence, which can lead landlords to overlook suitable applicants who would otherwise meet affordability and referencing standards.

In a market where demand remains strong but regulation is tightening, landlords need a more precise way to assess risk.

The focus is shifting from who a tenant is to whether they can sustain the tenancy.

What landlords can still assess with confidence

Importantly, landlords have not lost control over tenant selection. The key change is how decisions are made.

Instead of relying on blanket rules, landlords should base decisions on objective financial and behavioural factors.

Affordability

Assess whether the tenant can realistically meet rental payments. A common benchmark is income at around 2.5 to 3 times the annual rent, but this should be treated as a guide rather than a fixed rule.

Income verification

Review payslips, employment contracts, accounts for self-employed applicants, or evidence of benefits or pension income.

Credit history

Check for adverse credit, missed payments, or other indicators of financial risk.

Rental history

Previous landlord references can provide valuable insight into payment behaviour and tenancy conduct.

Right to Rent

In England, landlords must carry out Right to Rent checks on adult tenants before the tenancy begins.

These checks are entirely lawful when applied consistently and transparently.

Related: Renters’ Rights Act 2025: what Ground 1 and Ground 1A mean for landlords

Robust alternatives to blanket bans

With these checks in place, landlords can replace outdated restrictions with more effective, compliant alternatives.

Use guarantors strategically

Where affordability is slightly below target or income is less predictable, a guarantor can provide additional security.

Take a whole-income approach

Consider all income sources together, rather than focusing only on employment type.

Apply consistent criteria

Ensure every applicant is assessed against the same financial benchmarks and referencing checks.

Document your decisions

Keep clear records of affordability assessments and referencing outcomes to support your decision-making.

These alternatives not only reduce legal risk but also improve the quality of tenant selection.

Related: How to handle pet requests legally under the Renters’ Rights Act

Common compliance mistakes to avoid

Even with the right approach, issues can arise if processes are applied inconsistently.

Common mistakes include:

  • applying different standards to different applicants
  • rejecting tenants without reviewing their full financial position
  • relying on informal rules rather than defined criteria
  • failing to keep records of decisions

Recognising these pitfalls helps ensure your approach remains both compliant and defensible.

A fairer, compliant approach to protecting your income

Moving away from blanket restrictions does not mean accepting higher risk. A structured, evidence-based approach focused on affordability, verified income, and referencing helps landlords make informed decisions while aligning with evolving legislation. At Belvoir, we support this with compliant tenant screening and consistent processes, helping you protect your income with confidence. 

Speak to your local Belvoir team today to ensure your approach is compliant and future-ready.

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