Section 8A Prohibition of discrimination relating to childrenF1
It is an offence for a relevant person, in relation to a dwelling that is to be the subject of an occupation contract—
on the basis that a child would or may live with or visit a person at the dwelling if the dwelling were the person’s home, to prevent the person from—
enquiring whether the dwelling is available for rent,
accessing information about the dwelling,
viewing the dwelling in order to consider whether to seek to rent it, or
obtaining the grant, renewal or continuance of an occupation contract in respect of the dwelling, or
to apply a provision, criterion or practice in order to make people who would have a child live with or visit them at the dwelling less likely to obtain the grant, renewal or continuance of an occupation contract in respect of the dwelling than people who would not.
It is a defence for the relevant person to prove that the conduct is a proportionate means of achieving a legitimate aim.
It is a defence for the relevant person to prove that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance—
to which section 8H does not apply, and
which contains a term which requires the insured to prohibit a contract-holder from having a child live with or visit them at the dwelling or requires the landlord to restrict the circumstances in which a contract-holder may do so,
and the conduct is a means of preventing the insured from breaching that term.
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.
Annotations
Textual amendments
- F1
Pt. 2A inserted (1.6.2026) by Renters’ Rights Act 2025 (c. 26), ss. 44(3), 145(3) (with ss. 49, 138); W.S.I. 2026/6, art. 2(b)
Notes on the whole Act
Textual amendments
- F1
Title substituted (1.6.2026) by Renters’ Rights Act 2025 (c. 26), ss. 45(2), 145(3) (with s. 138); W.S.I. 2026/6, art. 2(c)