What is Discriminatory Eviction?
Discriminatory eviction is when a landlord tries to evict a tenant because of a personal characteristic that is protected by law. In the UK, this is illegal under the Equality Act 2010, Section 4, which sets out clear rules to prevent unfair treatment in housing.
The law protects people from discrimination based on specific features known as protected characteristics. These include:
Race, colour, nationality, or ethnic origin
Gender or gender reassignment
Disability (physical or mental)
Age
Sexual orientation
Religion or belief
Pregnancy and maternity
Marriage or civil partnership
If a landlord tries to evict you because you have one of these characteristics, or because they assume you do, this is classed as discriminatory eviction.
Most evictions in the UK must follow a legal process, such as giving proper notice or having a valid reason (for example, rent arrears or property damage). Discriminatory eviction is different because the reason for eviction is based on prejudice, not behaviour or contract terms. Even if a landlord follows the usual eviction process, it is still unlawful if the real reason is discrimination against a protected characteristic.
Recognising discriminatory eviction is vital because it allows tenants to challenge unfair treatment and seek support. If you suspect your landlord is evicting you for a discriminatory reason, you have legal rights and may be able to stop the eviction or claim compensation. Knowing your rights under the Equality Act 2010 can help you protect yourself and others from unlawful discrimination.
The main law protecting tenants from discrimination is the Equality Act 2010, Section 4. This law applies to all types of rented housing, whether private or social. Landlords must not treat tenants unfairly or evict them because of a protected characteristic. If you believe you are facing a discriminatory eviction, you can get advice and support from organisations like Citizens Advice or seek legal help.
Understanding what counts as discriminatory eviction empowers tenants to stand up for their rights and ensures landlords follow fair and legal practices. For more detailed information on what discriminatory eviction means in a legal context, see our page on discriminatory eviction.
Common Examples of Discriminatory Eviction
Eviction is considered discriminatory when a landlord tries to remove a tenant from their home because of a protected characteristic under UK law. The Equality Act 2010 makes it illegal for landlords to treat tenants unfairly because of their race, sex, disability, religion, sexual orientation, age, or other protected traits. Below are some common examples of discriminatory eviction, so you can recognise if you may be affected.
If a landlord issues an eviction notice because of a tenant’s race, nationality, or ethnic background, this is a clear form of discrimination. For example, if a landlord tells a tenant they must leave because they “don’t want foreigners” in their property, or if they only evict tenants from a particular ethnic group, this violates the law. Such actions are protected against under the Equality Act 2010, which specifically covers race discrimination in housing.
Landlords cannot evict tenants because of their gender, whether they are male, female, or transgender. Similarly, evicting someone because they are gay, lesbian, bisexual, or heterosexual is unlawful. For instance, if a landlord asks a lesbian couple to leave after discovering their relationship, or says they do not want to rent to transgender tenants, this would be a discriminatory eviction.
Disability is another protected characteristic under the Equality Act 2010. It is illegal for a landlord to evict someone because they have a physical or mental health condition. For example, if a landlord serves notice after learning a tenant has a long-term illness or requires adjustments to the property, this could be discrimination. Landlords are also required to make reasonable adjustments for disabled tenants, so evicting someone instead of making those adjustments is not allowed.
Tenants are protected from eviction based on their religion or beliefs. If a landlord asks a tenant to leave because of their faith, or because they observe certain religious practices (such as prayer times or dietary requirements), this is discriminatory. The law also covers philosophical beliefs, not just organised religions.
It is unlawful for landlords to evict tenants because they have children, are pregnant, or are of a certain age. For example, if a landlord tells a family with young children to move out because they “prefer adult tenants,” or refuses to renew a tenancy for an older person, these actions are likely to be discriminatory.
All of these situations are examples of how a landlord’s actions can breach your rights as a tenant. The Equality Act 2010 provides clear protection against these forms of unfair treatment. If you believe you have experienced any of these examples of discriminatory eviction, you may be able to challenge your eviction and seek support. Remember, eviction based on a protected characteristic is not just unfair – it’s illegal. If you are facing this situation, you can find further advice and guidance from organisations such as Citizens Advice or by exploring legal resources online.
How Rental Discrimination Relates to Discriminatory Eviction
Discrimination in the rental market can occur at any stage of a tenancy, from the initial application through to eviction. Rental discrimination happens when a landlord treats someone unfairly because of a protected characteristic, such as race, disability, religion, gender, or sexual orientation, either when choosing tenants or during the tenancy itself. This unfair treatment is closely linked to discriminatory eviction, which is when a landlord tries to evict a tenant for reasons related to these same protected characteristics.
The overlap between rental discrimination and discriminatory eviction is significant. Discrimination that begins at the start of a tenancy – for example, a landlord making assumptions about a tenant’s background or needs – can set the stage for later problems. If a tenant experiences unfair treatment, such as being refused repairs or being subjected to different rules, this can escalate into an attempt to evict them for reasons that are not legally justified. It’s important to understand that both refusing to rent to someone and trying to evict them because of who they are are illegal under UK law.
Tenants should be aware of both rental and eviction discrimination because recognising the signs early can help prevent more serious issues later on. For instance, if a landlord repeatedly singles out a tenant for negative treatment and then serves an eviction notice, this could be a sign that discrimination is at play. Documenting any incidents of unfair treatment and seeking advice early can make it easier to challenge an unlawful eviction.
Legal protections against both rental and eviction discrimination are set out in the Equality Act 2010, which makes it unlawful for landlords to treat tenants or prospective tenants unfairly because of protected characteristics. This law covers all stages of renting, from advertising a property to ending a tenancy. Landlords must have a valid, non-discriminatory reason for evicting a tenant, and cannot use eviction as a way to hide prejudiced motives.
Recognising rental discrimination early – such as being asked inappropriate questions or being given different tenancy terms – can help tenants take action before it leads to unfair eviction. If you suspect you are being treated differently because of who you are, it’s important to seek advice and keep records of what happens. Understanding your rights under UK discrimination law can empower you to challenge unfair treatment and protect your home.
What to Do if You Suspect Discriminatory Eviction
If you believe your landlord is trying to evict you for reasons related to a protected characteristic – such as your race, religion, disability, gender, or sexual orientation – it’s important to act quickly and take the right steps to protect your rights. Discriminatory eviction is illegal under the Equality Act 2010, and you do not have to accept unfair treatment.
Stay Calm and Review the Situation Take a moment to consider why your landlord is evicting you. Ask yourself if the eviction notice or the way you’ve been treated seems connected to a characteristic protected by law. Common examples include being asked to leave after revealing a disability, or following a dispute about religious practices.
Gather and Document Evidence Keeping a clear record is crucial. Save any letters, emails, text messages, or notes from your landlord that mention your protected characteristic or hint at unfair treatment. Write down details of conversations, including dates, times, and what was said. If there are witnesses – such as neighbours or other tenants – ask if they are willing to provide a statement.
Seek Legal Advice Early Getting professional guidance can make a big difference. A solicitor or advice service can help you understand whether your situation qualifies as discrimination under the Equality Act, and what your next steps should be. For detailed guidance, visit legal advice from Citizens Advice, which explains how to challenge a discriminatory eviction and what evidence you may need.
Contact Tenant Support Organisations There are several organisations that specialise in helping tenants, especially those facing discrimination. They can offer support, practical advice, and sometimes even legal representation. If you’re unsure where to start, our page on help if you’re being evicted lists trusted resources and helplines.
Understand Your Rights During Eviction Even if your landlord has issued an eviction notice, you have legal rights. They must follow the correct legal process, which usually involves serving a written notice and, in most cases, obtaining a court order before you can be made to leave. If you believe discrimination is involved, you may be able to challenge the eviction in court or through a complaint to the Equality and Human Rights Commission.
Do not ignore eviction notices, but do not leave your home until you understand your rights and have sought advice.
Respond in writing to your landlord if you think discrimination is involved. Clearly state your concerns and ask for their reasons in writing.
Keep all communications and paperwork in a safe place, as you may need them if your case goes to court or a tribunal.
Remember, you are not alone and there is support available. Taking action early increases your chances of stopping an illegal eviction and holding your landlord accountable. For more information on your options and where to get help, see our guide on help if you’re being evicted.
Getting Help and Support
If you believe you are being evicted for discriminatory reasons, it’s important to know that you are not alone and that there are several forms of help and support available. Discriminatory eviction – where a landlord tries to remove you from your home because of protected characteristics like race, disability, gender, religion, or sexual orientation – is illegal under the Equality Act 2010. Acting early can make a significant difference in protecting your rights and your home.
Housing Assistance and Advice Services
There are many organisations and local authorities ready to help tenants facing eviction. If you’re at risk, you can contact your local council’s housing department for housing assistance. They can provide advice on your rights, emergency accommodation, and steps you can take to prevent homelessness. National charities such as Shelter and Citizens Advice also offer free, confidential guidance on what to do if you are being threatened with eviction.
If you are struggling to pay your rent and worried about losing your home, it’s worth exploring help with paying rent. This might include applying for Housing Benefit, Universal Credit, or discretionary housing payments from your local council. These options can help you stay on top of payments and reduce the risk of eviction.
Legal Aid and Advocacy for Discrimination Cases
If you suspect discrimination is a factor in your eviction, you may be eligible for legal aid to help cover the cost of getting professional advice or representation. Legal aid is available for those on low incomes or certain benefits, and it can be especially important in discrimination cases, where the law can be complex. Organisations such as Law Centres, Shelter, and the Equality Advisory and Support Service (EASS) can help you understand your options, challenge unfair evictions, and ensure your rights are respected.
Advocacy groups also play a vital role by supporting tenants through the process of making a discrimination complaint, either to your landlord, the local council, or the courts. They can help you gather evidence, write formal complaints, and prepare for hearings if needed.
Why Seeking Help Early Matters
It’s always best to seek advice as soon as you receive an eviction notice or suspect you are being treated unfairly. The earlier you act, the more options you may have to resolve the situation and prevent homelessness. Early intervention can also help you access emergency support, negotiate with your landlord, and protect your tenancy rights under the law.
For more information about your rights as a tenant and the wider implications of eviction laws, you can explore housing assistance programmes as discussed by Housing Rights Watch.
Remember, you do not have to face discriminatory eviction alone – help is available, and taking action quickly is the best way to protect yourself and your home.
