What Is Discriminatory Eviction?
Discriminatory eviction happens when a landlord tries to evict a tenant because of certain personal characteristics that are protected by law. In the UK, these protected characteristics are set out in the Equality Act 2010. They include things like race, sex, disability, age, religion or belief, sexual orientation, gender reassignment, pregnancy and maternity, and being married or in a civil partnership.
If a landlord tries to evict you because of any of these reasons, it is considered discriminatory and illegal. For example, if you are asked to leave your home because you have a disability, or because of your religious beliefs, this would be a clear case of discriminatory eviction.
UK law gives tenants strong protections against this kind of unfair treatment. Landlords must not treat tenants differently or less favourably because of a protected characteristic. If they do, tenants have the right to challenge the eviction and may be able to claim compensation or other remedies.
To understand the full legal background and your rights, you can read the Discriminatory Eviction: UK Legal Overview. This provides a detailed explanation of how the law protects tenants in these situations.
Landlords are also required to follow official guidance to avoid unlawful discrimination, especially during processes like ‘right to rent’ checks. You can find more information in the Code of practice for landlords: avoiding unlawful discrimination when conducting ‘right to rent’ checks in the private rented residential sector – GOV.UK.
It’s important to note that not all unfair evictions are discriminatory. For example, a landlord may try to evict a tenant in retaliation for complaining about repairs – this is referred to as retaliatory eviction, which is a separate issue with its own legal protections.
Common Examples of Discriminatory Eviction
Discriminatory eviction happens when a landlord tries to evict a tenant for reasons linked to protected characteristics under UK law. The Equality Act 2010 makes it illegal to treat someone unfairly because of who they are. Here are some common examples of discriminatory eviction and how they break the law:
Eviction based on race or ethnicity
If a landlord tries to evict a tenant because of their race, skin colour, nationality, or ethnic background, this is direct discrimination. For example, if a landlord tells a tenant they must leave because they “don’t want people of your background living here,” this is unlawful. Even subtle actions, such as only serving eviction notices to tenants from certain ethnic groups, are illegal.
Eviction due to gender or sexual orientation
Tenants are protected from eviction based on their gender, gender identity, or sexual orientation. This could include a landlord evicting a tenant after learning they are transgender or in a same-sex relationship. Any action taken against a tenant for these reasons is considered discrimination and is not allowed under UK law.
Eviction targeting tenants with disabilities
Landlords cannot evict someone because they have a physical or mental disability. For instance, if a tenant develops a disability and the landlord tries to evict them because they require adjustments to the property, this is discrimination. The law also requires landlords to make reasonable adjustments for disabled tenants, not punish them for needing support.
Eviction related to religion or belief
It is unlawful for a landlord to evict a tenant because of their religion or beliefs. This includes situations where a tenant is asked to leave because they follow a particular faith, or because they have no religious beliefs at all.
Eviction because of family status or pregnancy
Tenants are protected from eviction due to pregnancy, maternity, or family status. For example, if a landlord asks a tenant to leave after finding out they are pregnant or have children, this is discriminatory. The law recognises that families and expectant mothers need stable housing, and protects them from unfair treatment.
How these examples break UK law
All of these actions are against the law. The Equality Act 2010 and housing legislation make it clear that landlords cannot use protected characteristics as reasons for eviction. If you believe you are facing eviction for any of these reasons, you may have grounds to challenge the eviction and seek support.
It’s important to note that some evictions may be disguised as something else, such as a supposed breach of tenancy, but are actually motivated by discrimination. If you suspect this is happening, you can learn more about your rights and other forms of unfair eviction, such as retaliatory eviction, to help you take the right steps.
Discriminatory Eviction Related to Benefits and Financial Status
When a landlord tries to evict a tenant because they receive benefits – such as Universal Credit or Housing Benefit – this can be a form of discrimination. While it is not currently illegal in the UK for landlords to have preferences about who they let their property to, evicting someone purely because they are on benefits may cross the line into unfair or potentially unlawful behaviour, especially if it relates to a protected characteristic.
Can landlords refuse tenants on benefits?
Landlords sometimes advertise properties as “No DSS” or “No benefits tenants.” While landlords can choose who they rent to, blanket bans against tenants on benefits have been found by UK courts to be discriminatory in some cases. This is especially true if the ban disproportionately affects women, disabled people, or other groups protected under the Equality Act 2010. For more details on what landlords can and cannot do, see our guide: Can Landlords Refuse Tenants Who Receive Benefits?
How is this a form of discrimination?
If a landlord evicts you, or threatens to evict you, because you claim benefits, this could be indirect discrimination. For example, disabled people or single parents are statistically more likely to receive benefits. If a landlord’s policy or action disproportionately impacts these groups, it may be considered unlawful discrimination.
Your rights as a tenant
If you believe you are being evicted because you receive benefits, you have the right to challenge this. Keep a record of any communication with your landlord that suggests benefits are the reason for eviction. You can seek advice from your local council, Citizens Advice, or a housing solicitor. It is important to act quickly, especially if you have received a formal eviction notice.
For practical steps on what to do if you think you’ve been discriminated against, including how to gather evidence and where to seek help, read our section: What to Do If You Think You’ve Been Discriminated Against. This will guide you through your options and help you protect your rights as a tenant.
Eviction Linked to Domestic Abuse and Vulnerability
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If you are a survivor of domestic abuse, you have specific legal protections against eviction in the UK. Landlords must not use your experience of domestic abuse as a reason to end your tenancy or refuse you housing. Doing so can be considered discriminatory and, in many cases, illegal.
How Eviction Can Be Discriminatory
Evicting someone because they are a survivor of domestic abuse often amounts to indirect discrimination. For example, if a landlord tries to evict a tenant after learning they have been abused, or if they refuse to renew a tenancy for this reason, this can be challenged under equality and housing laws. Survivors may also be protected under the Domestic Abuse Act 2021, which strengthens legal safeguards and recognises the unique vulnerabilities faced by those affected by abuse. For more details, see the Domestic Abuse Act 2021 | The Law Society.
Common Examples
- A landlord serves an eviction notice after police are called to a property due to a domestic abuse incident.
- You are threatened with eviction because your partner’s behaviour has caused disturbances, even though you are the victim.
- The landlord refuses to provide reasonable adjustments (such as changing locks) to help you stay safe, and then seeks to end your tenancy.
In these situations, you may have the right to challenge the eviction and seek legal support.
Support and Safe Housing Options
If you are facing eviction due to domestic abuse, help is available. Specialist services can support you in finding safe accommodation and guide you through your rights as a tenant. Organisations like Refuge Housing: Safe Accommodation for Domestic Abuse Survivors offer confidential advice and emergency housing for those in need.
It is important to know your rights and act quickly if you believe you are being treated unfairly. To learn more about how to spot and challenge rental discrimination, visit Know Your Rights: How to Spot and Challenge Rental Discrimination.
Remember, you do not have to face this situation alone. Legal protections are in place to ensure survivors of domestic abuse are not further victimised by unfair eviction practices.
What To Do If You Face Discriminatory Eviction
If you believe you are being evicted because of discrimination, it is important to act quickly and understand your rights. Discriminatory eviction is illegal under UK law, and there are clear steps you can take to protect yourself.
1. Challenge the Eviction
Start by asking your landlord for a clear, written explanation of why you are being evicted. If their reasons seem linked to your race, religion, gender, disability, or any other protected characteristic, this could be unlawful discrimination. Keep all communications with your landlord in writing whenever possible.
You can learn more about how to recognise and challenge rental discrimination in our guide: Know Your Rights: How to Spot and Challenge Rental Discrimination.
2. Gather Evidence
Collect as much evidence as you can to support your case. This could include:
- Emails, letters, or text messages from your landlord
- Notes from conversations about your tenancy or eviction
- Details of any comments or actions that suggest discrimination
- Witness statements from neighbours or others who have seen how you’ve been treated
Keep a timeline of events, including dates and details of what happened. This will be helpful if you need to prove your case to a housing adviser, solicitor, or tribunal.
3. Seek Legal Advice and Support
It’s important to get professional advice as soon as possible. Local councils, Citizens Advice, and housing charities can offer guidance on your rights and next steps. You may also want to contact a solicitor who specialises in housing or discrimination law.
If you want to report discriminatory housing practices, you can do so using the official form on the Report Housing Discrimination | HUD.gov / U.S. Department of Housing and Urban Development (HUD) website.
4. Emergency and Temporary Housing
If you are at risk of losing your home, you may have the right to emergency or temporary accommodation from your local council. This is especially important if you have children, are pregnant, or are considered vulnerable. Find out more about your rights to emergency accommodation in our guide: Your Rights to Emergency and Temporary Housing in the UK.
5. Additional Housing Assistance
There are a range of services and resources available to help tenants facing eviction. These include housing benefit advice, support for finding new accommodation, and help with negotiating with landlords. For a full overview of the assistance available, see our page on Housing Assistance: Legal Overview for the UK.
Remember, you do not have to face discriminatory eviction alone. Support is available to help you protect your rights and find a safe place to live.
Managing Rent Arrears and Avoiding Eviction
Falling behind on your rent, known as being in rent arrears, is a common issue that many tenants face. It’s important to know that while landlords can take steps to evict tenants for unpaid rent, they must never use rent arrears as an excuse to discriminate against you because of your race, disability, religion, or any other protected characteristic. Discriminatory eviction is illegal, even if you owe money.
How Rent Arrears Can Lead to Eviction
If you miss rent payments, your landlord may begin the eviction process. However, they must follow strict legal procedures, and their actions must not be influenced by any form of discrimination. For example, a landlord cannot target tenants of a particular ethnicity for eviction over rent arrears while treating others more leniently. If you suspect this is happening, you may have grounds to challenge the eviction as discriminatory.
For a full explanation of your rights and the steps a landlord must take, see our guide on Eviction for Unpaid Rent: Your Rights and What to Do About Arrears.
Managing Rent Arrears – Especially on Universal Credit
If you’re struggling to pay rent, especially if you receive Universal Credit, there are steps you can take to reduce the risk of eviction:
- Contact your landlord early: Let them know about your situation. Many landlords are willing to agree to a payment plan if you communicate openly.
- Check your Universal Credit payments: Make sure your housing costs are being paid correctly. Sometimes, delays or errors can cause rent arrears.
- Ask for direct payments: In some cases, you can ask the Department for Work and Pensions (DWP) to pay your rent directly to your landlord.
You can find practical advice and support in the official Universal Credit and rented housing: guide for landlords – GOV.UK. This resource also helps tenants understand their rights and options when rent arrears occur.
Where to Get Help with Debt and Rent Arrears
Don’t wait until the problem gets worse. There are organisations and services that offer free, confidential help with rent arrears and debt. They can help you negotiate with your landlord, apply for extra support, or create a manageable repayment plan. If you’re on Universal Credit, you might be able to get additional help – see our page on Universal Credit: How to Get Help with Debt and Rent Arrears for more information.
How Contend’s AI Legal Assistant Can Help
If you’re worried about eviction due to rent arrears or think you might be facing discrimination, Contend’s AI Legal Assistant is here to support you. You can get clear, personalised answers to your questions about rent arrears and your rights as a tenant. Contend can guide you on the next steps, help you draft letters to your landlord, and explain what evidence you might need if you suspect discrimination. Don’t face these challenges alone – let Contend help you protect your home and your rights.
