Section 26A Discriminatory terms relating to children or benefits statusF1

(1)

A term of an assured tenancy is of no effect so far as the term makes provision (however expressed)—

(a)

prohibiting the tenant from having a child live with or visit the tenant at the dwelling or restricting the circumstances in which the tenant may have a child do so, or

(b)

prohibiting the tenant from being a benefits claimant.

(2)

But—

(a)

subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim, and

(b)

subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance.

(3)

For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if—

(a)

section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and

(b)

it contains a term which makes provision (however expressed) requiring the landlord—

(i)

to prohibit the tenant from having a child live with or visit the tenant at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the dwelling, or

(ii)

to prohibit the tenant from being a benefits claimant.

(4)

In this section—

“benefits claimant” means a person who—
1. (a)
  is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or
2. (b)
  is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a),
“benefits and welfare legislation” means—
1. (a)
  the Social Security Contributions and Benefits Act 1992,
2. (b)
  the Jobseekers Act 1995,
3. (c)
  the State Pension Credit Act 2002,
4. (d)
  the Tax Credits Act 2002,
5. (e)
  the Welfare Reform Act 2007,
6. (f)
  the Welfare Reform Act 2012,
7. (g)
  the Pensions Act 2014,
8. (h)
  the Social Security (Scotland) Act 2018,
“child” means a person under the age of 18.

Annotations

Textual amendments

F1: S. 26A inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 50(6), 145(4) (with s. 138); S.S.I. 2026/125, reg. 2(a)

Notes on Part II

Modifications

C1: Pt. II (ss. 12–55) excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 103, 128, 145, 335
C2: Pt. II excluded (3.9.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 38(4)(10), 195(3) (with s. 193); S.S.I. 2007/270, art. 3
C3: Pt. II excluded (31.8.2011) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), Sch. 5 para. 3(10) (with s. 193); S.S.I. 2010/159, art. 3
C4: Pt. 2 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))