How to Choose a Tenant in England: Fair Selection Under the 2026 Rules

Why Tenant Selection Is Now a Compliance Exercise

Before May 2026, most self-managing landlords chose tenants on gut feeling — a good impression at the viewing, a steady job, a willingness to pay upfront. The Renters' Rights Act 2025 rewrites that process. Blanket refusals of tenants on benefits or with children are unlawful. Accepting a higher rent offer is illegal. And collecting several months' rent in advance to de-risk a shaky applicant is capped at one month's rent, or 28 days' rent where rent is paid more frequently than monthly.

What remains is objective selection: documented criteria applied consistently to every applicant, with a written record of why one person was offered the tenancy and others were not.

Set Your Criteria Before the First Viewing

Write down the selection criteria before you start showing the property. This is not bureaucracy for its own sake — it is the document that protects you if an unsuccessful applicant challenges your decision.

Workable criteria for a self-managing landlord:

• Affordability ratio: a gross income (including benefits) of at least 2.5× the monthly rent, or a guarantor who meets the same threshold
• Reference quality: satisfactory landlord reference from the most recent tenancy, or alternative evidence of reliable payment history (such as rent receipts or a bank statement showing consistent payments)
• Right to Rent status: valid immigration status confirmed through the Home Office online service, an acceptable manual document check, or (where eligible) a registered Right to Rent Digital Verification Service Provider
• Move-in date: alignment with the property's available date — an applicant who cannot move in for three months may not suit a vacant property costing you council tax and insurance in the interim

Every criterion must apply equally to every applicant. You cannot set a higher income threshold for benefit claimants than for employed applicants. Universal Credit housing costs, Housing Benefit, Personal Independence Payment, and Child Benefit all count as income.

How to Run a Viewing Without Breaking the Law

The viewing is where most verbal slip-ups happen. Under Section 56 of the Renters' Rights Act 2025, you cannot invite, encourage, or accept a rent offer above the advertised price — and that includes casual remarks like "we've had a lot of interest" or "another couple offered more."

Rules for the viewing conversation:

• State the asking rent once and move on. Do not invite questions about whether you would accept more.
• If an applicant volunteers a higher offer, decline it clearly: "The rent is £1,400 per calendar month as advertised. I can't accept a higher amount."
• Do not discuss other applicants' offers, financial details, or characteristics — not even in general terms.
• Ask the same questions of every applicant: current living situation, intended move-in date, number of occupants, and whether they would like an application form.

If you use a letting agent for viewings, a local authority may impose a penalty on the landlord, agent, or both, depending on who it finds responsible for a breach. A verbal bidding prompt from the agent can expose the landlord to a penalty if the landlord is found responsible.

Scoring Multiple Applicants

When several people apply for the same property, rank them against your pre-set criteria using a simple matrix:

The applicant who meets the most criteria at the strongest level gets the offer. Where two applicants are equally strong, offer to whichever applied first — or whichever matches the available date best. Document the reasoning.

What you cannot do: prefer Applicant A over Applicant C because C has children, or because C receives Housing Benefit, or because C is a single parent. If C meets your objective affordability and reference criteria, those factors cannot influence the outcome.

Keep the Written Record

For every tenancy you fill, keep a file containing:

• The selection criteria (written before viewings started)
• The applicant scoring matrix showing how each applicant measured against the criteria
• A brief note explaining why the successful applicant was selected
• Copies of any written correspondence declining other applicants

This record does not need to be elaborate. A single page with the matrix and a sentence of explanation is enough. Without it, it may be harder to show that you applied your criteria consistently if a rejected applicant complains to the local authority or brings a County Court claim.

The Advertising and Choosing Tenants in England guide includes a printable Applicant Selection Matrix and a Viewing Response Log — ready-made templates that give you the audit trail from first enquiry to signed agreement.

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