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I am disabled.  I have applied to rent a property but and have been told that I am unsuitable. Is this lawful?

Your answer

It may be unlawful. A landlord or letting agent must not reject your application because you are disabled.

Disability is one of the “protected characteristics” under the Equality Act 2010. The Act makes it unlawful to discriminate against a disabled person when letting property. This includes refusing to let the property, offering it on worse terms or treating the applicant less favourably during the application process.

However, the fact that you are disabled does not necessarily mean that the rejection was discriminatory. A landlord can reject an application for a genuine reason unrelated to your disability—for example, because you cannot afford the rent or another applicant was selected under a lawful assessment process.

The position may also be more complicated if the reason relates to something arising from your disability. Treatment of this kind may sometimes be lawful if the landlord can show that it was a proportionate means of achieving a legitimate aim. Landlords and letting agents may also have a duty to make reasonable adjustments for disabled applicants.

If you suspect discrimination:

  • ask the landlord or letting agent to explain their decision in writing;
  • keep the advertisement, application form, emails and messages;
  • write down what was said, by whom and when; and
  • obtain advice promptly, as time limits apply to discrimination claims.

If unlawful discrimination is proved, you may be able to claim compensation, including compensation for injury to feelings.

You can seek advice from Shelter or the Equality Advisory and Support Service. You will also find other sources of help in our Further Advice Services article, but read our article below on discrimination first.

Member Free guide

A Quick Guide to Discrimination

Looking at discrimination, when it will be unlawful, and also considering the adjustments that need to be made for disabled people.

8-12 minutes to read

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