[F1 Part 2A E+W Prohibition of discrimination

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)

8F Terms in superior leases relating to children or benefits status E+W

(1) A term of a lease of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require a tenant under that or any inferior lease to—

(a) prohibit a contract-holder from having a child live with or visit them at the dwelling, or

(b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling,

(but the lease continues, so far as practicable, to have effect in every other respect).

(2) Subsection (1) does not apply if—

(a) the requirement is a proportionate means of achieving a legitimate aim, or

(b) the landlord under the lease or a superior landlord is insured under a contract of insurance—

(i) to which section 8H does not apply, and

(ii) which contains a term which makes provision (however expressed) requiring the insured to prohibit a contract-holder from having a child live with or visit them at the dwelling or to restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling,

and the requirement in the lease is a means of preventing the insured from breaching that term.

(3) A term of a lease of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require a tenant under that or any inferior lease to prohibit a contract-holder from being a benefits claimant (but the lease continues, so far as practicable, to have effect in every other respect).

(4) Subsection (3) does not apply if the landlord under the lease or a superior landlord is insured under a contract of insurance—

(a) to which section 8H does not apply, and

(b) which contains a term which makes provision (however expressed) requiring the insured to prohibit a contract-holder from being a benefits claimant,

and the requirement in the lease is a means of preventing the insured from breaching that term.

(5) For the purposes of this section, the terms of a lease include—

(a) the terms of any agreement relating to the lease, and

(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.]