# Renters’ Rights Act 2025, Section 35: Discriminatory terms in a tenancy relating to children or benefits status

Extent: E+W

(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.

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Source: https://www.legislation.gov.uk/ukpga/2025/26/section/35 (the official version)
Page: https://openlegislation.uk/renters-rights-act-2025/section-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.