Discrimination When Renting — Illegal Practices and How to Complain

Your Rights Under the Equality Act 2010

The Equality Act 2010 prohibits discrimination in the provision of goods, services, and facilities — and this includes renting a home. Landlords and letting agents are service providers for the purposes of the Act, meaning they cannot lawfully discriminate against prospective or existing tenants on the basis of a protected characteristic.

The nine protected characteristics are:

1. Age

2. Disability

3. Gender reassignment

4. Marriage or civil partnership

5. Pregnancy and maternity

6. Race (including colour, nationality, and ethnic or national origin)

7. Religion or belief

8. Sex

9. Sexual orientation

Types of Discrimination

**Direct discrimination** — treating a person less favourably because of a protected characteristic. For example, refusing to let to a Black tenant, or declining an application from a same-sex couple.

**Indirect discrimination** — applying a policy or criterion that appears neutral but disproportionately disadvantages people with a particular characteristic, without justification. The most litigated example in renting is the "no DSS" policy.

**Harassment** — unwanted conduct related to a protected characteristic that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, or offensive environment.

**Victimisation** — treating someone less favourably because they have made a complaint of discrimination.

The "No DSS" Problem

Policies that refuse to consider tenants receiving benefits — variously described as "no DSS," "employed applicants only," or "no housing benefit" — have been challenged successfully in English courts. In Burnip v Birmingham City Council and Samuels v Birmingham City Council, courts found that blanket benefit restrictions can indirectly discriminate against women (who are disproportionately represented among benefit claimants) and disabled people (who are more likely to receive disability benefits).

The Renters Rights Act 2025 includes provisions that make explicit no-DSS bans more clearly unlawful. Landlords must assess individual applications on their merits rather than applying a blanket category refusal.

If you are refused a tenancy because you receive benefits, document this carefully. A written email from an agent saying "sorry, the landlord doesn't accept DSS" is strong evidence for a discrimination claim.

Disability and Reasonable Adjustments

Landlords have a specific duty under the Equality Act to make **reasonable adjustments** for disabled tenants and prospective tenants. This means:

• Adjusting policies that put a disabled person at a disadvantage (e.g., relaxing a no-pets rule to allow an assistance dog)
• Providing information in accessible formats if requested
• Considering requests for physical adaptations (though the landlord does not have to fund these — Disabled Facilities Grants are available for eligible adaptations)

A blanket refusal to consider any physical adaptations is not a reasonable position.

Families with Children

While families with children are not a specifically named protected characteristic, refusing to rent to a family because they have children can in certain circumstances amount to indirect sex discrimination (women are disproportionately primary carers) or may breach other obligations. This is a developing area of law.

How to Make a Complaint

**Step 1 — Document everything.** Keep emails, texts, and notes of conversations. If an agent or landlord says something discriminatory verbally, follow up with an email: "Further to our conversation, I understand you have declined my application because [reason] — please confirm this in writing."

**Step 2 — Equality Advisory and Support Service (EASS).** The EASS provides free advice and support to people who have experienced discrimination. Call 0808 800 0082 or use the online form at equalityadvisoryservice.com.

**Step 3 — County court claim.** If informal resolution fails, you can bring a claim in the county court under the Equality Act. Claims must generally be brought within six months of the act of discrimination. Legal aid may be available; equality law specialist solicitors can advise on the strength of your case.

**Step 4 — Private Rented Sector Ombudsman.** From 2025, the PRS Ombudsman provides an additional route for complaints about landlord conduct including discrimination in how the tenancy is managed (though pre-tenancy discrimination is more naturally a court matter).

HMO Licensing and Discrimination

Council licensing schemes for HMOs do not require landlords to rent to specific groups, but they do require landlords to meet standards for all occupants. A condition of many licences is that the landlord does not discriminate unlawfully. Councils can take licensing action against landlords found to have discriminated.

Storing Evidence

Keep all your correspondence related to a tenancy application — successful or unsuccessful — in Property Passport UK. If a pattern of discrimination emerges over multiple applications, having a complete record is invaluable for any formal complaint.