Section 35 Discriminatory terms in a tenancy relating to children or benefits statusI1I2
England and Wales
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.
Subsection (1) does not apply if—
the provision is a proportionate means of achieving a legitimate aim, or
the landlord or a superior landlord is insured under a contract of insurance—
to which section 38 does not apply, and
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.
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.
Subsection (3) does not apply if the landlord or a superior landlord is insured under a contract of insurance—
to which section 38 does not apply, and
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)