Are you sure about this . ? When I investigated the legal side of this , it was stated in the Governant website that Landlords could legally exclude retired prospective Tenants under the new regulations . ???
@David122 is referring to retired folk who are claiming benefits (which includes the state pension).
RRA specifically made rental discrimination for those on benefits illegal
See Rental discrimination under the Renters' Rights Act 2025 - GOV.UK and
A Landlord can still choose tenants based on income and affordability but can’t exclude someone just because some of their income is from benefits for example
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If you can find a link, I’ll accept that, but it doesn’t sound right to me.
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Is having a state pension classed as a benefit? found answer Yes
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I can’t find the reference you mention Lorna, but my thinking on this is that whilst retired people on benefits are a subset of retirees as a whole, they are nevertheless a large proportion and blanket exclusion of retirees would cover both. Crucially the wording of the RRA, (para 34) uses the term “is or may be a benefits claimant”, which I think means it would qualify as discrimination unless the landlord had a ban only on retirees that are not in receipt of benefits, which would be a bit nonsensensical.
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I agree with you. The only exception might be if there’s a proportionate reason.
So just as a grandparent can be excluded from a retirement home if they want to being a grandchild (this is one of the govt guidance examples, copy below) I’m guessing a property advertised as a student house might reasonably exclude non-students.
I’m guessing other possible exclusions might include on safety/suitability grounds eg a flat on top floor of 10 storey block without lifts might not be suitable for all tho that wouldn’t justify a blanket ban
The guidance at link below also has other examples where refusing a person on benefits would be a breach
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"Annex A: Illustrative examples that are not breaches
A landlord operating a small development of homes for retirees stipulates that children are not allowed to live on the site but may visit. A prospective tenant who is the guardian of her grandchildren is refused a tenancy and reports this to the local authority.
After speaking to the landlord, the local authority decides no breach of rental discrimination measures has taken place. The nature of the development is clearly advertised, and the restriction is in place to provide a genuine benefit to the residents"
The “proportionate means of achieving a legitimate aim” defence only applies to discrimination against children, not benefits claimants.
This from the same guidance:
In certain cases, landlords may stop children from living in a property if they can demonstrate that the restriction is a proportionate means of achieving a legitimate aim. There is no such exception made for discrimination against benefits claimants
Ah yes…Well spotted !
What would be a legitimate aim?
@Colin3 there are examples in Annex A of the guidance.
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Ah, but being retired doesn’t automatically mean you are drawing a Pension.
that is true , but how does that relate to your first post?
Indeed… and drawing a pension doesn’t mean you are in receipt of a state pension either.
I’m retired and receipt of no pensions whatsoever. If a LL refused to let to me because I was retired, I’d shrug and find another LL. Plenty more out there.
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Plenty of people facing discrimination (of all sorts) will do exactly as @tatemono suggests and find a non -discriminating LL instead.
It doesn’t matter legally whether you personally get benefits, if a LL blanket discriminates based on something which means that indirectly a large group of people on benefits are excluded, it’s still (indirect) discrimination. I’m not 100% sure whether indirect discrimination against those receiving benefits is allowed under RRA - @David122 seems to think not and that also seems to be what Shelter think
“A landlord or agent must not apply a provision, criterion or practice to make benefits claimants less likely to enter a tenancy compared with people who are not benefit claimants”
As a large number of retired folk will claim state pension (or indeed other benefits), and indeed a large number will be older, a blanket ban on retirees is likely to be indirect discrimination against older people and against those on benefits
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If a LL didn’t accept students it would not be classed as discrimination as it may they don’t run HMOs.
Family letting and student letting are not really the same. Student letting is subject to very severe regulation since Grenfell , a lot more demanding than the regular market.
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this has got a long way off the original post.
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In hindsight Lorna should have said straight off " i bring in X amount every month" when asked what is your salary. She will be better prepared next time
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how so? OP was about perceived discrimination and the entire thread has been about establishing whether there is discrimination and how to respond to it. Arguably the only post off topic is… er… yours 
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Age is a protected characteristic and therefore if you are of retirement age you would have a good case for discrimination.
earlier on in the thread Hamish I noted that age is not a protected characteristic when it comes to letting property
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