{
  "url": "https://openlegislation.uk/renters-rights-act-2025/section-36",
  "json_url": "https://openlegislation.uk/renters-rights-act-2025/section-36.json",
  "legislation": "ukpga/2025/26",
  "legislation_title": "Renters’ Rights Act 2025",
  "legislation_url": "https://openlegislation.uk/renters-rights-act-2025",
  "path": "section/36",
  "kind": "section",
  "number": "36",
  "heading": "Terms in superior leases relating to children or benefits status",
  "text": "(1) A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to—\n(a) prohibit a sub-tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or\n(b) restrict the circumstances in which a sub-tenant under a relevant tenancy or regulated tenancy may have a child live with or visit them at the dwelling.\n(2) Subsection (1) does not apply if—\n(a) the provision is a proportionate means of achieving a legitimate aim, or\n(b) the landlord under the lease or a superior landlord is insured under a contract of insurance—\n(i) to which section 38 does not apply, and\n(ii) which contains a term which makes provision (however expressed) requiring the insured to prohibit a sub-tenant from having a child live with or visit them at the dwelling or to restrict the circumstances in which a sub-tenant may have a child live with or visit them at the dwelling,\nand the provision in the lease is a means of preventing the insured from breaching that term.\n(3) A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to prohibit a sub-tenant under a relevant tenancy or regulated tenancy from being a benefits claimant.\n(4) Subsection (3) does not apply if the landlord under the lease or a superior landlord is insured under a contract of insurance—\n(a) to which section 38 does not apply, and\n(b) which contains a term which makes provision (however expressed) requiring the insured to prohibit a sub-tenant from being a benefits claimant,\nand the provision in the lease is a means of preventing the insured from breaching that term.\n(5) For the purposes of this section, the terms of a lease include—\n(a) the terms of any agreement relating to the lease, and\n(b) any document or communication from the landlord that gives or refuses consent for sub-letting under the lease to a category or description of person.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 36 not in force at Royal Assent, see s. 145(1)(7)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 36 in force at 1.5.2026 by S.I. 2026/421, reg. 3(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2025/26/section/36",
    "retrieved_at": "2026-10-29T08:46:43.804012+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}