Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
The phrase “No DSS” has appeared in letting advertisements for decades. It signals that applicants receiving housing benefit or other state support need not apply. This practice, and the wider pattern of refusing tenancy applications on the basis that an applicant receives benefits or has children, is prohibited from 1 May 2026 under Chapter 3 of Part 1 of the Renters’ Rights Act 2025.
What the Act Prohibits
The Act makes it unlawful for a landlord or letting agent to refuse to consider, process, or accept a tenancy application on the basis that the applicant receives any welfare benefit. This includes Universal Credit, Local Housing Allowance, Housing Benefit, Personal Independence Payment, Disability Living Allowance, Child Benefit, and any other form of state support. It is equally unlawful to refuse a tenancy application because the applicant has children.
The prohibition also extends to indirect discrimination. This is where a landlord or agent does not explicitly refuse benefit claimants or families with children, but imposes a requirement that has the same practical effect. Examples include requiring that applicants have been in permanent employment for a minimum period, requiring a minimum income from employment only without counting benefit income, or insisting that all references come from previous private landlords in circumstances where this would disproportionately exclude those who have previously been in social housing or living with family. Any requirement that effectively filters out benefit claimants as a group, without being applied to their individual circumstances, is potentially unlawful.
The prohibition applies in England, Scotland, and Wales, which is a wider geographic scope than most other provisions of the Act.
What Landlords Can Still Do
The Act does not prevent landlords from making genuine, individual assessments of prospective tenants’ affordability and suitability. Credit checks, income verification that takes benefit income into account on its merits, references from previous landlords or other sources, and guarantor arrangements are all still permissible. The key requirement is that every applicant is assessed on their individual circumstances rather than being excluded as a category.
If You Have Been Refused on Discriminatory Grounds
If you believe you have been refused a tenancy because you receive benefits or because you have children, document what happened as carefully as you can. Note what was said to you and when, save any listings that included discriminatory language, and keep copies of any written communications. Report the conduct to your local council’s housing enforcement team and seek legal advice. You may have a claim for compensation, and if the conduct also engages the Equality Act 2010, for instance because the benefits you receive relate to a disability, you may have additional remedies available to you.
If you are a landlord or agent who is uncertain about how to comply with the new rules, or a tenant who has experienced discriminatory treatment in East Sussex, please contact our housing team at Cramp and Mullaney. We can advise you on your obligations and your rights respectively.
If you are a landlord or tenant in East Sussex and would like advice on how the Renters' Rights Act affects your situation, we would be happy to help. Cramp & Mullaney LLP has offices in Eastbourne at The White House, 97 South Street, Eastbourne, East Sussex, BN21 4LR and in Battle at 42A High Street, Battle, East Sussex, TN33 0EA. You can call our Eastbourne office on 01323 720581 or our Battle office on 01424 533222. We offer a fixed fee 30-minute initial consultation and act for both landlords and tenants across East Sussex and the wider South East.
This article is for general information only and does not constitute legal advice. If you need advice about your specific situation, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email us at info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
