Free guide
A Quick Guide to Discrimination
12 – 20 minutes to read
In this guide
- Introduction
- Discrimination under the Equality Act
- When landlords can discriminate
- Positive discrimination
- Indirect discrimination
- Reasonable adjustments for disabled people
- Alterations and improvements for disabled people
- Discrimination under the Renters Rights Act 2025
- What can you do about discrimination?
Share this
1. Introduction
We are currently in the midst of a housing crisis and we have a shortage of affordable property to rent.
This means that some applicants are finding it hard to find and become accepted as tenants. Does this mean that they are being discriminated against and if this happens to you – what can you do about it?
Then, if you are disabled (and ‘disability’ is a ‘protected characteristic’ (see below)), what rights do you have if your accommodation is not suitable for your needs?
To answer these questions we need to take a look at the law on discrimination, as it applies to housing.
There are now two separate legal rules on discrimination:
- The rules in the Equality Act 2010.
- The anti discrimination rules in the Renters Rights Act 2025
We will look at the Equality Act first. The Renters Rights Act rules are less complex and will be dealt with at the end of this article.
2. Discrimination under the Equality Act
The Act sets out a number of ‘protected characteristics’ where it is against the law to discriminate. These are:
- age
- gender reassignment
- being married or in a civil partnership
- being pregnant or on maternity leave
- disability
- race including colour, nationality, ethnic or national origin
- religion or belief
- sex (ie is someone male or female)
- sexual orientation
The Act also sets out a number of circumstances where these protected characteristics apply which are:
- at work
- in education
- as a consumer
- when using public services
- when buying or renting property, and
- as a member or guest of a private club or association
So if you are looking to rent a residential property to be your home, the landlord or letting agent is not entitled to discriminate on any of these grounds.
For example
- Because you are over 70
- Because you are Black
- Because you are Muslim
- Because you are a man, or
- Because you have mental health issues
3. When landlords can discriminate
‘Discrimination’ however, does not necessarily mean unlawful discrimination. For example, it is entirely reasonable for a landlord to discriminate against someone who clearly cannot afford to pay the rent!
In that context ‘discrimination’ is perhaps another way of saying ‘choose’.
So it would also be reasonable for a landlord to reject you as a tenant
- If you have County Court Judgements registered against your name
- If your former landlord gives a poor reference, or even
- If they don’t think you will look after their property properly
It is perfectly legal for a landlord to refuse to accept someone who they think will be a ‘bad’ tenant. Unless their reason for thinking this is specifically because of one of the ‘protected characteristics’.
- So if they say ‘I’m sorry, but I don’t think you will be a suitable tenant for my property’ that is allowable.
- However, if they say ‘I don’t accept any young Black men as I don’t think they make suitable tenants’ that would be discriminatory.
4. Positive discrimination
Note by the way that it is allowable to discriminate positively in favour of people with a protected characteristic
- If they are at a disadvantage, or
- Have particular needs
So for example, if a property has been specially adapted for disabled people in wheelchairs (particularly if the landlord is a registered charity), it would be lawful to refuse someone as a tenant if they are not disabled and a wheelchair user.
There has been a case on this point in the Supreme Court:
In this case, the Hackney LBC Agudas Israel Housing Association was a social housing association whose allocation policy prioritises orthodox Jews.
In the case the claimant ‘Z’ (who was not Jewish), lived in inadequate housing nearby with her four children. The case considers whether the failure of the defendant housing association to offer accommodation to Z was unlawful discrimination against her and her family.
However, the Supreme Court held that Orthodox Jews are a ‘protected class’ under the Equality Act and so are able to benefit from positive discrimination.
The defendant housing association were therefore not acting unlawfully.
5. Indirect discrimination
Indirect discrimination is where you put in place rules or arrangements which, although they apply to everyone, will put someone with a protected characteristic at an unfair disadvantage.
Indirect discrimination – no DSS / benefit applicants
The classic example of this is the ‘No DSS’ rule that many landlords and letting agents used to have. ‘DSS’ stands for the Department of Social Security and is used to mean anyone on benefit (such as Universal Credit) – even though the actual DSS was replaced by the Department for Work and Pensions in 2001.
Although the ‘No DSS’ prohibition will apply to applicants with and without ‘protected characteristics’, statistically, people on benefit are more likely to be single mothers or disabled. So it is now accepted that blanket prohibitions against people on benefit will be discriminatory.
There have now been several County Court decisions (often where claimants were supported by the Housing charity Shelter) where the courts have confirmed this and made compensation awards to applicants.
The best known of these cases is the case of Tyler v. Carr where the applicant, Mr Tyler was disabled and on benefit.
You can watch a video here where the barrister in the case, Tessa Buchanan, discusses the case.
Note that although the courts are willing to make compensation awards for people with protected characteristics who feel they have been prejudiced by the ‘No DSS’ rule, other types of applicant, in receipt of benefit but without protected characteristics, would be unlikely to succeed in a similar claim.
Indirect discrimination – families with children
The law is also developing to cover discrimination against families with children. In particular, a decision by the Property Ombudsman found a ‘no children’ bad would breach the equality rules as it would disproportionately affect women.
Which means that if you feel you have been discriminated against becuase you have a young family you may be able to claim compensation.
But for discrimination against both benefit applicants and applicants with children, see the section later on the new Renters Rights Act rules.
6. Reasonable adjustments for disabled people
As well as outlawing discrimination for disability, the Equality Act, in section 20, also imposes obligations on landlords to make ‘reasonable adjustments’.
This must be done where the lack of this adjustment places the disabled tenant at a substantial disadvantage compared to a non-disabled person.
For example, the adjustments could be:
- Changing the terms of the tenancy agreement to allow the tenant to have an assistance dog
- Providing a more accessible form of the tenancy agreement, for example, if the tenant is blind
- Removal, replacement or provision of any furniture, furnishings, materials or equipment – so long as it would not become a permanent fixture
- Replacing or providing signs and notices
- Replacing taps or door handles
- Replacing or providing or adapting a doorbell or door entry system
- Changing the colour of any surface
For more of the detail on this see Chapter 7 paragraph 47 of the Equality Act 2010 Code of Practice on Services, Public Functions and Association.
Only ‘reasonable’ adjustments need to be made. Reasonableness is determined by what is practical in the individual landlord’s situation and their available resources. For example, a landlord will not be required to make extensive adjustments that would make letting the property unprofitable.
The legislation refers to ‘enjoyment of property’. Be aware that the word ‘enjoyment’ has a technical legal meaning, and does not mean that the tenant has the right to ‘enjoy’ in the normal meaning of the word, his property.
See the case report below:
In this case the tenant was disabled and suffered from epilepsy and regular seizures. As a result of this, he was unable to comply with the requirement in his tenancy that he keep the property in good decorative order.
The landlord agreed to waive the requirement but the tenant claimed that the landlord should carry out this work for him.
He claimed that the ‘reasonable adjustments’ requirements of the Disability Discrimination Act 1995 s24c imposed a duty on the landlord to provide an auxiliary aid or service where would it would “enable a relevant disabled person to ‘enjoy’, or facilitate such a person’s ‘enjoyment’ of, the premises”
The Court of Appeal, however, held that enjoy did not mean that the tenant actually had to enjoy living in the premises but that ‘quiet enjoyment’ means an ability to use the premises in an ordinary, lawful way.
7. Alterations and improvements for disabled people
Disabled tenants or occupiers of properties can also seek their landlord’s consent for ‘relevant improvements’.
Unlike the reasonable adjustments (discussed above), these improvements are paid for by the tenants. However, as the tenant does not own the property they need the landlord’s consent to carry them out.
A relevant improvement is one which is likely to help with the disabled person’s enjoyment of the premises as regards their disability. These can include:
- An addition or alteration in the fittings and fixtures
- An addition of alteration connected with the provision of services to the premises
- The erection or a wireless or television aerial
- The carrying out of external decoration.
A Landlord must not withhold their consent unreasonably once they have received a request in writing from a disabled person or someone writing on their behalf. To do so would be construed as consent being given unconditionally.
In granting consent, a landlord can impose reasonable conditions. For example,
- Obtaining necessary planning permission,
- inspecting the work carried out or
- requiring that changes are reinstated before the end of the tenancy.
In refusing consent, the landlord must give the tenant/occupier a written statement giving reasons why consent has not been given. These following factors may be considered:
- The type and length of the letting
- The tenant’s ability to pay for the improvement
- How easy the adaptations are to make
- The extent of any disruption and effect on other occupiers.
There is a 42-day time limit to reply after receiving an application for consent. If a landlord does not reply, consent will be deemed to be refused.
See the case report below for an example of this rule in action.
In this case, the tenant wanted to instal a stairlift in a block of residential flats. The landlord refused.
However, his reasons for doing so were unconnected with the tenant’s disability and were reasonable (for example other tenants had objected, aesthetics, inconvenience to other tenants, etc).
The court held that the landlord was not unlawfully discriminating and the tenant lost her case.
Grant aid
Note that if you wish to carry out improvements and your landlord has given or is likely to give consent – you may be eligible for a Disabled Facilities Grant to cover all or part of the cost.
These are granted by Local Authorities. You will find an information page here. There is a gov.uk information page here.
If your Local Authority cannot help you may be able to find grant-aid elsewhere. Find out more in our article on getting financial assistance.
8. Discrimination under the Renters Rights Act 2025
As of 1 May 2026, new rules under the Renters Rights Act 2025 have come into effect.
These are that landlords and letting agents cannot prevent an applicant from:
- enquiring whether the dwelling is available for let,
- accessing information about the dwelling,
- viewing the dwelling in order to consider whether to seek to rent it, or
- entering into a tenancy of the dwelling,
simply because they are in receipt of benefit (usually this will be Universal Credit) or because they would have a child or children either living with them permanently or visiting them at the property.
The act also says that landlords and agents should not ‘apply a provision, criteria or practice’ which will make it less likely that applicants on benefit or with children will enter into a tenancy than applicants who are not on benefit or who do not have children.
When landlords can refuse applicants on benefit or with children
However, these laws do not mean that landlords are unable to refuse applicants on benefit or with children.
So far as benefit applicants are concerned, section 41 of the Renters Rights Act makes it clear that landlords CAN take income into account when considering whether an applicant would be able to afford to pay the rent. However, if they are refusing an applicant on financial grounds, this should be because they believe that the applicant cannot afford the rent, not just because they are on benefit.
For example, many tenants on benefit get help from family and friends. The landlord needs to give the applicant an opportunity to explain this and not just dismiss them out of hand.
So far as applicants with children are concerned, some properties are genuinely unsuitable for children. For example, it may be reasonable for a landlord of a housing community for retired people to refuse to accept an elderly person who is a guardian to her grandchildren.
Then some properties may have safeguarding issues. For example, there may be a staircase which would be dangerous for a young child (although safe for an adult or older child to use).
Discrimination in Wales
The act also provides for similar rules to apply in Wales, and this came into force on 1 June 2026.
9. What can you do about discrimination?
If you think that you have been discriminated against – what can you do about it?
The first thing is to go back to your landlord or their agent, explain to them that their action is against the discrimination legislation and ask them to reconsider.
If they refuse to do this, then you have two options.
1. You can complain to your Local Authority
If they consider that the landlord or agent have acted unlawfully in breach of the Renters Rights Act rules, they may issue a Civil Penalty Fine of up to £7,000.
However, this won’t really help you.
2. You can take advice about a claim for compensation
If the problem is a refusal to consider you as a tenant, in particular, if this is because you are on benefits, then you should contact the housing charity Shelter who have experience in dealing with this issue. If they think you have a case, they may support you in a compensation claim (as they did in the Tyler case).
Otherwise, for that and all other forms of discrimination, the best place to start is the Equality Advisory Support Service (EASS) and you will find their details here.
Take a look also at our general article on Further Advice Services as one or more of the organisations there may also be able to assist you.
This is the end of this article.
Didn’t find your answer? Search again:
Search Articles
Would you like to speak to a solicitor about this?
A simple and straightforward way for you to get up to 1/2 hours telephone advice from a specialist landlord and tenant solicitor.
