This is a new provision.
Example: Proportionate means of achieving a legitimate aim
A letting agent is advertising a small bedroom to rent in a house in multiple occupation (HMO). The agent clearly sets out the size of the bedroom and amenities available in the advert. A prospective tenant with two teenage children comes across the advert online. Although the bedroom is clearly quite small, the tenant believes the space can be managed. During the viewing the prospective tenant mentions that she has two teenage children who would be living in the property with her. The letting agent subsequently informs her that he cannot let to her and her children because the bedroom can legally only be occupied by one adult and a small child. In this case the letting agent could argue under section 33, subsection (2)(a) that refusing to enter into a tenancy of the dwelling in order to adhere to overcrowding regulation is a proportionate means of achieving a legitimate aim and as a result the ban is lawful.
	The Property Ombudsman ruled in March 2023 that blanket bans on renting to households with children violated the equalities rules laid out in its Code of Practice, due to their disproportionately affecting women. Section 33 makes it explicit that discrimination relating to children in the private rented sector is illegal, regardless of the sex of the parent or carer.
Part 1: Tenancy reform Chapter 3: Discrimination in the rental market: England Section 33: Discrimination relating to children Background