Finding a house with growing children can be a challenge, especially when you encounter rental discrimination.
Landlords have the right to choose the most suitable tenant when it comes to renting out a property, but can a landlord refuse to rent to families with children?
The answer is no. It is against the law to reject an applicant just because they have kids.
However, the reality is families often struggle in competitive rental areas, with childless tenants often preferred.
Families cannot be discriminated against when it comes to renting. Picture: Getty
Is it legal?
If a landlord has refused to lease their property to you on the basis that you have children, they have broken the law – unless they have done so because the property is deemed unsafe for children under the age of 16.
Which is why you should appeal to the state tribunal if you are told your children are not welcome.
Read more: How hard is it to rent if you have kids?
What are my rights?
When it comes to renting, you have the right to not be discriminated against for any of your personal characteristics.
In fact, landlords can only make decisions based on an applicant’s rental history and ability to pay rent.
They definitely cannot refuse a potential tenant based on pregnancy, marital status, family structure, age, gender identity or sexual orientation.
However, that doesn’t mean you can assume that a landlord only rejected you because you have children. Discrimination is difficult to prove, especially when there are multiple people vying for a property.
To take further action, you must have proof to demonstrate you were treated unfairly.
Perhaps unsurprisingly, house hunting is more difficult with kids, but it is not recommended you hide the fact that you have a family when applying, or try to mislead your landlord about their age.
Renting with kids can be a struggle. Picture: Kate Hunter
What can I do?
If you are treated unfairly because you have children, there are several steps you can take.
Firstly, you need to document the discrimination. If you receive emails or text messages in which the property manager attributes his rejection to your having children, you need to keep them as evidence. If they tell you verbally, ensure you have witnesses, keep a record, or ask them to confirm the reason in an email.
Once you’ve documented the discrimination, it’s best to approach your state tenant authority for help. They will guide you on your rights, explain the appropriate avenues of complaint, and, if necessary, connect you with support services.
You can also report the discrimination directly to your state human rights body or appropriate government housing agency.
Reporting any discrimination you encounter not only helps you, it reduces the chances of others experiencing discrimination, too.
Ask for help
Finding the right rental for you and your family can be difficult and confusing, especially when you are battling discrimination. But you shouldn’t feel unduly phased by rejection – it’s far from rare, and there are plenty of properties out there.
If you’re struggling, ask for help from family, friends and professionals.
And remember: if you are treated unfairly, you have rights and can take action.
This article was originally published on
6 Apr 2019 at 9:00am
but has been regularly updated to keep the information current.