OpenLegislation

Section 35 Discriminatory terms in a tenancy relating to children or benefits statusI1I2

England and Wales

(1)

A term of a relevant tenancy or regulated tenancy is of no effect so far as the term makes provision (however expressed) prohibiting the tenant from having a child live with or visit them at the dwelling or restricting the circumstances in which the tenant may have a child do so.

(2)

Subsection (1) does not apply if—

(a)

the provision is a proportionate means of achieving a legitimate aim, or

(b)

the landlord or a superior landlord is insured under a contract of insurance—

(i)

to which section 38 does not apply, and

(ii)

which contains a term which makes provision (however expressed) requiring the insured to prohibit the tenant from having a child live with or visit them at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit them at the dwelling,

and the provision in the tenancy is a means of preventing the insured from breaching that term.

(3)

A term of a relevant tenancy or regulated tenancy is of no effect so far as the term makes provision (however expressed) prohibiting the tenant from being a benefits claimant.

(4)

Subsection (3) does not apply if the landlord or a superior landlord is insured under a contract of insurance—

(a)

to which section 38 does not apply, and

(b)

which contains a term which makes provision (however expressed) requiring the insured to prohibit the tenant from being a benefits claimant,

and the provision in the tenancy is a means of preventing the insured from breaching that term.

Annotations

Commencement

I1

S. 35 not in force at Royal Assent, see s. 145(1)(7)

I2

S. 35 in force at 1.5.2026 by S.I. 2026/421, reg. 3(b)