Letting a property in today’s market involves far more than simply finding a tenant and signing a tenancy agreement. Regulatory scrutiny is higher than ever, and landlords must navigate a complex framework of legislation designed to protect tenants from discrimination and ensure fair access to housing.
At Hunters, we work closely with landlords to ensure every stage of the lettings process, from marketing through to referencing, is compliant, transparent, and fair. In this guide, we explore what you can’t say, what you can ask, and how to assess affordability responsibly without falling foul of UK law.
Related: Set the right asking rent first time: pricing strategies when bidding wars are off the table
The increasing need for compliance in lettings
The UK lettings landscape is increasingly shaped by the Renters’ Rights Act, which aims to create a fairer and more transparent rental market for tenants.
Non-compliance isn’t just a legal risk, it can also damage your reputation, reduce tenant trust, and lead to costly disputes. With growing tenant awareness and stronger enforcement, landlords must ensure that every interaction, advert, and decision is fully compliant with the latest regulations.
What you can’t say: avoiding discriminatory language
One of the most common compliance pitfalls occurs at the marketing stage. Property listings and communications must not include wording that could be interpreted as unfair or exclusionary under the Renters’ Rights Act.
This means landlords and agents must take care to ensure that adverts are inclusive and do not restrict access to certain groups without clear, lawful justification.
Examples of language to avoid:
- “No DSS” or “No benefits”
- “Professionals only” where it unfairly excludes other applicants
- “Ideal for young couples” or any age-related preference
- “No children” or “Not suitable for families” without a valid reason
- References to nationality, ethnicity, or religion
Instead, focus on the property itself rather than the type of tenant you think should occupy it. For example, describing a property as “a one-bedroom flat with limited storage” is appropriate, whereas suggesting it is “only suitable for a single person” may raise compliance concerns.
Clarity is important, but it must always remain neutral, inclusive, and aligned with current legislation.
Related: Pet-friendly tenancies: How the Renters’ Rights Act 2025 changes the rules for landlords
What you can ask: staying within legal boundaries
While landlords must avoid discrimination, they are still entitled to carry out thorough referencing and due diligence. The key is ensuring that all questions are relevant, proportionate, and applied consistently to every applicant.
You can ask for information that helps you assess suitability and risk, provided it does not discriminate unfairly.
Permissible areas of enquiry include:
- Employment status and income
- Previous landlord references
- Credit history
- Right to Rent documentation
- Number of occupants (for safety and licensing compliance)
However, questions about personal circumstances must be handled carefully. For example, asking whether someone is planning to have children, their religious practices, or their medical history would be inappropriate unless directly relevant and justified.
Consistency is crucial. All applicants should be assessed using the same criteria and process to ensure fairness and transparency.
The affordability question: getting it right
Affordability checks are a fundamental part of the lettings process, but they must be carried out fairly and without indirect discrimination.
Traditionally, many landlords have used blanket rules such as requiring tenants to earn 2.5 or 3 times the annual rent. While this can be a useful guideline, rigid application can disproportionately affect certain groups, including those receiving benefits or with non-traditional income streams.
A more balanced approach considers the applicant’s overall financial position, rather than relying solely on income multiples.
How to assess affordability fairly
A fair affordability assessment should take a holistic view of the tenant’s financial stability. This includes not just income, but reliability, consistency, and supporting evidence.
Rather than excluding applicants outright, landlords should consider alternative ways to mitigate risk where affordability is less straightforward.
Best practice approaches include:
- Reviewing net income after essential outgoings
- Accepting a guarantor where appropriate
- Considering savings or financial reserves
- Taking into account stable benefit income
- Using professional referencing services
Importantly, benefit income is legally recognised and should not be dismissed automatically. Recent court rulings have reinforced that blanket bans on tenants receiving benefits are likely to be discriminatory.
At Hunters, we encourage landlords to move away from rigid criteria and towards evidence-based decision-making that reflects the realities of today’s rental market.
Consistency and documentation: your strongest protection
Even when acting in good faith, landlords can face challenges if decisions appear inconsistent or poorly documented. Keeping clear records of your criteria, processes, and decisions is essential.
This includes:
- Written referencing criteria applied to all applicants
- Notes explaining decisions (especially where applicants are declined)
- Copies of communications and application forms
This level of transparency not only protects you legally but also demonstrates professionalism and fairness to prospective tenants.
The role of letting agents in ensuring compliance
Handling compliance independently can be both time-consuming and complex. With regulations continually evolving and best practices changing, it can be challenging for landlords to keep fully up to date.
Working with an experienced letting agent like Hunters provides reassurance that:
- Your property marketing is compliant and inclusive
- Tenant referencing is fair, thorough, and legally sound
- Affordability checks are balanced and evidence-based
- All documentation meets current regulatory standards
Our teams are trained to navigate these requirements while protecting your investment and securing reliable tenants.
Stay compliant, let smarter
Compliance isn’t about restriction, it’s about protecting your investment and ensuring fairness. With the right approach, you can reduce risk and attract the right tenants.
