What is Discriminatory Eviction?
Discriminatory eviction happens when a landlord tries to remove a tenant from their home because of a protected characteristic, such as race, gender, disability, age, religion, or sexual orientation. Under UK law, specifically the Equality Act 2010, it is illegal for landlords to treat tenants unfairly or evict them based on these protected grounds.
This type of eviction is different from other evictions, which may be based on reasons like rent arrears or breach of tenancy agreement. In a discriminatory eviction, the main reason for the eviction is prejudice or bias against the tenant’s personal characteristics, rather than any legitimate tenancy issue.
As a tenant, you have the right to live in your home without facing discrimination. If you believe your landlord is evicting you for a discriminatory reason, you are protected by law and may be able to take action to stop the eviction or seek compensation. To learn more about your options, see our guide on challenging an eviction.
Recognising Discriminatory Eviction
Discriminatory eviction happens when a landlord tries to remove a tenant because of a protected characteristic, such as race, sex, disability, religion, age, or sexual orientation. In the UK, this is unlawful under the Equality Act 2010, which makes it illegal for landlords to treat tenants unfairly or evict them for reasons related to these characteristics.
Some signs that an eviction may be discriminatory include receiving an eviction notice soon after disclosing a disability, after making a complaint about discrimination, or following a change in your personal circumstances (such as pregnancy or a new relationship). Landlord behaviour can also give clues – for example, making inappropriate comments, treating you differently from other tenants, or setting unreasonable rules that only apply to you.
If you suspect discrimination, it’s important to collect and keep evidence. This might include copies of written communications, notes of conversations, and details of incidents or comments made by your landlord. Documenting these details can be crucial if you decide to challenge the eviction or seek advice.
For more information on what discriminatory eviction can look like in practice, see our examples of discriminatory eviction.
Legal Protections Against Discriminatory Eviction
If you are facing eviction and believe discrimination is involved, it’s important to know that UK law offers strong protections for tenants. The main piece of legislation is the Equality Act 2010, which makes it unlawful for landlords to treat tenants unfairly because of certain protected characteristics. These include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
This means your landlord cannot legally evict you, or treat you less favourably in the eviction process, because of any of these characteristics. For example, if you are being asked to leave due to your race, disability, or because you have requested disability adjustments, this could be considered discriminatory and unlawful.
The law applies to all stages of the eviction process, including serving notice and any interactions or decisions made by your landlord. If you believe your rights have been breached, you can seek support from the Equality and Human Rights Commission, which is responsible for enforcing equality laws and offering guidance to those affected by discrimination.
For more information on how discrimination is considered in eviction cases, you can refer to the official Equality Act 2010 guidance and understand your rights as a tenant.
Steps to Challenge a Discriminatory Eviction
If you believe your landlord is evicting you because of a protected characteristic – such as your race, gender, disability, religion, or sexual orientation – it’s important to act quickly and carefully. Discrimination in housing is unlawful under the Equality Act 2010, and you have rights and protections designed to prevent unfair treatment.
1. Gather Evidence and Document Everything Start by collecting any evidence that suggests your eviction is discriminatory. This could include written communication from your landlord, notes from conversations, witness statements, or anything else that shows a link between the eviction and your protected characteristic. Keep copies of your tenancy agreement and any eviction notices you receive.
2. Seek Support and Legal Advice Get help from trusted legal advice services or tenant support organisations as soon as possible. They can help you understand your rights, assess your situation, and advise on the best steps to take.
3. Make a Formal Complaint If you feel comfortable, consider raising a formal complaint with your landlord or letting agency. This process can sometimes resolve issues without needing to go to court, and it creates a record of your concerns.
4. Challenge the Eviction Legally If informal steps don’t resolve the issue, you may need to use legal channels to challenge the eviction. This could involve defending yourself in court or making a claim under the Equality Act 2010. For more detailed guidance, see our page on how to challenge an eviction.
Possible Outcomes Challenging a discriminatory eviction can lead to different outcomes. The eviction may be stopped, you could receive compensation, or your landlord might be ordered to change their practices. Even if the eviction goes ahead, taking action can help protect your rights and may prevent similar discrimination in the future.
Remember, acting quickly and seeking support early gives you the best chance of successfully challenging a discriminatory eviction.
Support and Resources for Tenants Facing Discriminatory Eviction
If you believe you are facing eviction because of discrimination, there are several places you can turn to for support and guidance. The Equality Act 2010 protects tenants from being treated unfairly or evicted due to protected characteristics such as race, gender, disability, religion, or age. Here’s how you can find help:
Getting Legal Advice and Advocacy
It’s important to seek advice early. Many local advice centres, such as Citizens Advice and Law Centres, offer free or low-cost legal help. These organisations can explain your rights, help you gather evidence, and support you in challenging a discriminatory eviction. Specialist tenant advocacy groups can also offer guidance and may represent you in negotiations or at court.
Financial Support Options
If your eviction is linked to financial difficulties, you might be eligible for support such as Housing Benefit. Discriminating against tenants who receive benefits is unlawful. For more information on what to do if you’re being evicted for unpaid rent or rent arrears, including how to apply for benefits, see our dedicated guidance.
Help from Councils and Housing Associations
Your local council’s housing department has a duty to assist if you are threatened with homelessness, especially if discrimination is involved. If you are being evicted by the council or housing association, there are specific rules and procedures they must follow. You can also learn more about the role and responsibilities of housing associations if you are a tenant.
Disability and Other Adjustments
If you have a disability, you are entitled to reasonable adjustments under the Equality Act 2010. This could include changes to eviction procedures or extra support to help you stay in your home. Find out more about disability adjustments and how to request them from your landlord or local authority.
Remember, you don’t have to face discriminatory eviction alone. Support is available, and taking early action can help protect your rights.
Related Topics to Understand
Understanding discriminatory eviction is just one part of knowing your rights as a tenant. There are several related topics that can help you recognise and challenge unfair treatment:
Retaliatory eviction happens when a landlord tries to evict you because you’ve exercised your legal rights, such as complaining about poor conditions or requesting repairs. While it’s not the same as discrimination, the law – specifically the Deregulation Act 2015 – offers protection against this type of unfair eviction. Learn more about retaliatory eviction and how it differs from discrimination-based cases.
Tenants are also protected from being evicted for raising legitimate concerns. If you’re worried about being evicted for complaining or requesting repairs, it’s important to know your rights under housing law and how to challenge such actions.
Other unfair eviction practices can include being served notice without proper procedure, or being targeted for eviction due to protected characteristics under the Equality Act 2010.
Exploring these related topics can help you better understand your rights and the steps you can take to protect yourself from unfair or unlawful eviction.
Examples of Discriminatory Eviction
If you believe you are being evicted because of your race, gender, disability, religion, or another protected characteristic, this may be considered a discriminatory eviction under the Equality Act 2010. Discrimination can occur in many ways during the eviction process. For example, a landlord might issue an eviction notice after learning about a tenant’s disability, or treat tenants differently based on their nationality or sexual orientation.
Understanding what counts as discriminatory eviction is important, as it helps you recognise when your rights may have been breached. To help you spot these situations, we have put together a range of real-life examples of discriminatory eviction. Reviewing these examples can give you a clearer idea of what discrimination looks like in practice and how the law may protect you.
