Unlawful Discrimination

There are legal obligations on landlords, both in public and private sectors, as service providers and employers, to take reasonable steps to ensure that people are not discriminated against directly or indirectly due to their “protected characteristics” like race, colour, gender or disability. The specific legislation is the Equalities Act 2010.

Direct discrimination is treating a person less favourably than another based on race, gender, disability, etc. In some cases, discrimination may occur where there has been a failure to comply with a statutory duty. Concerning disability, it should be noted that the statutory definition has been widened to include those with certain long-term medical conditions.

Indirect discrimination consists of applying a requirement or condition that, although applied equally to persons, whether male or female, black or white, is such that a considerably smaller proportion of a particular racial or gender group can comply with it than others, and it cannot be shown to be 'justifiable'.

Regarding issues about disability, a similar requirement exists that landlords do not impose criteria that could be identified as ‘unreasonable’.

The Equality and Human Rights Commission published a code of practice on racial equality in housing. The code is essential because it is a statutory code which Parliament has approved. This means the courts will consider the code’s recommendations in legal cases. The code has two main parts; the first explains what landlords need to know about discrimination, and the second makes recommendations about how landlords can avoid discrimination.

To learn more about discrimination and guidance on avoiding discrimination, go to www.equalityhumanrights.com. 

The landlord should note that tenants should not be chosen based on race, religion, marital status, disability or sexuality. If the landlord discriminates against any tenant on these grounds, the landlord could be prosecuted. If the landlord is letting rooms in the landlord’s home, the landlord may specify the sex of prospective tenants. Age discrimination is prohibited in employment but is allowed in housing. In some cases, housing might have to be let to those over 55 to comply with planning requirements.

No DSS adverts

Several cases have found unlawful landlords or agents who operate blanket "no DSS" policies or advertise their properties as "no DSS" or similar.

See, for example, this report and another here.

Renters’ Rights Act 2025: ban on rental discrimination (from 1 May 2026)

From 1 May 2026, the Renters’ Rights Act 2025 introduces a clear statutory ban (in addition to existing Equality Act duties) on certain forms of rental discrimination in the private rented sector in England.

Landlords, letting agents, and anyone acting for the landlord (including people who advertise, arrange viewings, or run referencing/screening) must not stop someone renting, put them off, or make it less likely they will rent a property because:

  • a child (under 18) would live with them or visit them, or
  • the person is (or may be) a benefits claimant.

This can happen in two main ways:

  • Direct blocking, for example:
    • refusing to book viewings
    • withholding availability or key information
    • not replying to enquiries
  • Indirect barriers through a “provision, criterion or practice” (PCP), for example:
    • blanket rules (“no children”, “no benefits”)
    • call-handling scripts that steer people away
    • referencing criteria that filter these applicants out

It can still count if you act on an assumption about someone (even if the assumption is wrong).

Key differences

  • Children: a restriction may be lawful only if it is a proportionate way to achieve a legitimate aim (for example, a genuine safety/safeguarding concern, or overcrowding). If you rely on this, keep a written note of why.
  • Benefits: there is no general “legitimate aim” defence for excluding benefits claimants. You can run affordability checks, but your process must treat benefit income as income (so it must not be automatically ignored or discounted).

Certain terms become unenforceable

To the extent they try to ban children or benefits claimants, certain terms in:

  • tenancy agreements,
  • superior leases/consents,
  • mortgages, and
  • (over time) insurance policies, are of no effect.

There are limited insurance-based exceptions in narrow, time-limited situations (typically linked to pre-commencement policies).

Enforcement

Councils can issue civil penalties of up to £7,000 per breach, with additional penalties where breaches continue or recur.

Practical steps to take now

  • Remove “no DSS/no benefits” and “no children” from adverts and templates.
  • Check that your agent and any referencing/screening provider are not filtering out these applicants (including via scripts or default criteria).
  • If you rely on a child-related safety/safeguarding/overcrowding reason, write it down at the time.
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