Pets, children and benefits: the tenancy clauses landlords can no longer write in 2026
If you are still copying an old tenancy agreement, three of its most familiar lines are now doing nothing - or worse, exposing you to a penalty. Since the Renters' Rights Act took effect on 1 May 2026, the blanket "no pets", "no DSS" and "no children" clauses that landlords used for years have either stopped working or become unlawful. This guide explains exactly what changed, what you genuinely can no longer put in writing, and the fair alternatives that still let you protect the property and choose a reliable tenant.
The clauses that stopped working on 1 May 2026
Here are the five most common terms landlords need to strike out of any agreement or advert, and what to do instead.
| Clause you can no longer write | Why it is now unlawful or void | What you can still do |
|---|---|---|
| "No pets" / blanket pet ban | Tenants have a statutory right to request a pet; you must not unreasonably refuse | Consider each request on its facts and reply in writing within 28 days; refuse a specific pet only with a genuine reason |
| "No DSS" / "No Housing Benefit or Universal Credit" | Blanket bans on benefit claimants are prohibited discrimination | Assess every applicant on affordability and references, applied the same way to all |
| "No children" / "not suitable for families" | Discriminating against applicants because they have children is prohibited | Judge suitability on genuine, property-specific grounds, never on the presence of children |
| "Professional tenants only" / "must be in full-time employment" | Counts as indirect discrimination against benefit claimants | Set an affordability threshold based on income, not job type or benefit status |
| "Tenant must take out pet insurance" / pet fee | The pet-insurance requirement was removed from the Act; extra fees are banned | Rely on the standard deposit; the Tenant Fees Act still prohibits separate pet charges |
Pets: the right to request, and when you can still say no
Every assured tenant now has an implied right to request permission to keep a pet, and the request must be made in writing with details of the animal. You must respond in writing, and in most cases within 28 days. If you need more information to decide, you can ask for it - the clock then restarts and you have 7 days from receiving that information to give your answer.
Crucially, you cannot simply say no. You can only refuse where it is reasonable to do so. Reasonable grounds might include a large dog in a small upper-floor flat with no outside space, or a superior landlord or head lease that forbids pets. What you cannot do is keep a flat "no pets" line in the agreement and treat it as the end of the conversation. A tenant who believes you have refused unreasonably can escalate to the Private Rented Sector Ombudsman once it is operating, or take the matter to court.
One point trips landlords up: the original Bill let you require pet damage insurance, but that provision was removed before commencement on the basis that the deposit covers any damage. So you cannot make pet insurance a condition, nor charge a separate pet fee or "pet rent" - the Tenant Fees Act still bites.
Children and benefits: the end of "No DSS" and "No children"
The Act bans rental discrimination outright. From 1 May 2026 it is unlawful for a landlord or agent to refuse a tenancy, refuse a viewing, withhold information, or otherwise discourage someone simply because they receive benefits or because they have children. The ban reaches beyond adverts and into the paperwork itself: any term in a tenancy agreement, and even in a landlord's mortgage or insurance contract, that tries to prohibit letting to families or benefit claimants has no legal effect.
It also catches the polite workarounds. Insisting on a "professional" tenant, or that everyone must be in permanent full-time work, is treated as indirect discrimination against people on benefits, because it screens them out without naming them. The safe test is simple: would this requirement apply in exactly the same way to a salaried applicant and to a benefit claimant with the same income? If not, rethink it.
What you can still do
None of this removes your right to choose a tenant who can afford the rent. You can still run reference and credit checks, ask for proof of income (including benefit income), set a sensible affordability ratio, and ask for a guarantor - as long as you apply the same standards to everyone. You can still refuse a specific pet for a real, property-based reason, and still recover genuine damage from the deposit. The change is not that you have lost control; it is that the decision must rest on fair, individual assessment rather than a blanket ban buried in the contract.
If your current agreement predates May 2026, the quickest fix is to move to a template that already has these clauses stripped out and the pet-request procedure built in. Our complete guide to tenancy agreements in 2026 covers the wider rewrite, and the written statement of terms guide explains the new document you must hand over before the tenancy begins.
Get an agreement that is already compliant
Our Tenancy Agreement Pack builds a personalised assured periodic tenancy agreement from your answers - with the banned clauses removed, the pet-request wording included, and a written statement of terms - delivered instantly as PDF and Word. £29, one-off.
Build my tenancy agreement →Frequently asked questions
Can a landlord still refuse a pet? Yes, but only where refusal is reasonable, and you must reply in writing - normally within 28 days. A blanket "no pets" clause is no longer enforceable.
Is a "No DSS" clause illegal now? Yes. Since 1 May 2026 blanket bans on benefit claimants are unlawful, including indirect wording such as "professional tenants only".
Can I refuse to rent to a family with children? No. You cannot refuse or discourage an applicant because they have children, though you can still assess affordability and suitability on genuine grounds.
What is the penalty? Local councils can impose a civil penalty of up to £7,000 for a breach, rising to £40,000 or prosecution for serious or repeated breaches, and any discriminatory term simply has no effect.
This guide is general information for landlords in England, not legal advice for your specific circumstances. Check the current rules on GOV.UK before making a letting decision or serving any document.