Property Ombudsman says no to blanket bans on kids

The Property Ombudsman (TPO) has decided that blanket bans on children in rented properties are discriminatory.

The TPO has ruled, in a case supported by Shelter, that blanket bans on renting to families with children breach equality rules as they unfairly affect women.

Letting agents who include "no children" in their rental listings or refuse to rent to families with children may be in violation of the TPO's Code of Practice and could face compensation claims from affected parties, even if acting on the landlord's instructions.

As all letting agents in England are required to join a redress scheme, the ruling will have a significant impact on a large number of agents, as TPO is one of only two officially authorized schemes.

The Property Redress Scheme, the other authorized scheme, has not yet issued a similar ruling, but its Head of Redress, Sean Hooker, has expressed approval for the TPO's decision, stating that his organization follows comparable guidelines.

The upcoming Renters' Reform Bill is also anticipated to prohibit blanket bans on families with children.

Although the ruling is a positive step for parents seeking rental accommodation, it may not significantly ease the process of finding a suitable home, as landlords and agents may still prefer childless applicants, even without overtly discriminatory policies.

In 2020, a court ruled that "No DSS" policies (blanket bans on tenants receiving benefits) are illegal, using the same argument of indirect discrimination as the TPO.

Despite this, tenants receiving benefits still find it challenging to locate rental properties, with 44% of landlords in the 2021 English Private Landlord Survey stating they would be unwilling to rent to tenants who claim Universal Credit or other housing support. Although parents fare somewhat better, with only 15% of landlords indicating unwillingness to rent to them, there is no guarantee of success in finding a rental property due to the housing shortage.