What Are Protected Characteristics?
When applying to rent a property in the UK, the law protects you from unfair treatment based on certain personal traits. These are known as "protected characteristics." The concept comes from the Equality Act 2010, which is the main law that sets out your rights and the responsibilities of landlords and letting agents.
What are the protected characteristics?
Under UK law, the following are protected characteristics:
- Age – whether you are young or old.
- Disability – if you have a physical or mental impairment that has a substantial and long-term effect on your ability to carry out normal activities.
- Gender reassignment – if you are transitioning from one gender to another.
- Marriage and civil partnership – whether you are married or in a civil partnership.
- Pregnancy and maternity – if you are pregnant or have recently had a baby.
- Race – including your colour, nationality, ethnic or national origin.
- Religion or belief – your religious faith or philosophical beliefs.
- Sex – whether you are male or female.
- Sexual orientation – whether you are attracted to people of the same sex, opposite sex, or both.
Why are these characteristics protected?
These characteristics are protected to make sure everyone has a fair chance when looking for a place to live. It is against the law for a landlord or letting agent to treat you less favourably because of any of these traits. For example, a landlord cannot refuse to rent to you because of your race, or offer you different terms because you are pregnant.
Protecting these characteristics helps to prevent discrimination and promotes equal access to housing for all. If you think you have been treated unfairly, it is important to know your rights. For more details on how these protections work and what you can do if you face discrimination, see our guide on Protected Characteristics and Legal Protections.
Understanding Discrimination When Applying to Rent
When you apply to rent a property in the UK, the law protects you from discrimination based on certain personal characteristics. Discrimination happens when a landlord treats you unfairly or less favourably because of who you are, rather than your suitability as a tenant.
What counts as discrimination in rental applications?
Discrimination can take many forms during the rental process. For example, a landlord may refuse to rent to you, offer you worse terms, or ignore your application because of a protected characteristic. These characteristics include race, sex, disability, age, religion or belief, sexual orientation, gender reassignment, pregnancy or maternity, and being married or in a civil partnership.
Types of discrimination landlords must avoid
Landlords must not:
- Reject your application because of a protected characteristic
- Set different deposit amounts or rent levels for you compared to other applicants
- Apply stricter reference or credit checks based on your background or identity
- Make offensive comments or ask inappropriate questions about your personal life
Sometimes, discrimination is obvious, such as a landlord saying they “don’t rent to people of a certain nationality.” Other times, it can be subtle, like always rejecting applications from people with disabilities without a clear reason. Both direct and indirect discrimination are unlawful under the Equality Act 2010.
Understanding the broader context
Discrimination when applying to rent is a serious issue and is part of a wider set of protections for tenants and applicants in the UK. If you want to learn more about the wider legal context and your rights, you can read about Discrimination When Applying to Rent.
What can you do if you suspect discrimination?
If you think you have been discriminated against, it’s important to know your rights and the steps you can take. For practical advice on recognising discrimination and challenging unfair treatment, visit Know Your Rights: How to Spot and Challenge Rental Discrimination.
Landlords also have official guidance to help them avoid unlawful discrimination during the application process, especially when carrying out right to rent checks. You can find this guidance in the Code of practice for landlords: avoiding unlawful discrimination when conducting ‘right to rent’ checks in the private rented residential sector – GOV.UK.
Understanding your rights and what counts as discrimination can help ensure you are treated fairly when applying to rent a home.
Examples of Discrimination Based on Protected Characteristics
When applying to rent a property, you are protected from discrimination based on certain characteristics by law. Here are some common examples of how discrimination might occur during the rental process:
Refusing to Rent Because of Race or Ethnicity
A landlord cannot refuse to let a property to someone because of their race, nationality, or ethnic background. For example, if you are told a property is “not available” after meeting the landlord, but others of a different ethnicity are offered viewings, this could be direct discrimination.
Discrimination Due to Gender or Sexual Orientation
It is unlawful for a landlord to treat you unfairly because of your gender, whether you are a man, woman, or non-binary. Similarly, if a landlord refuses to rent to you because you are gay, lesbian, bisexual, or transgender, this is discrimination based on sexual orientation or gender reassignment.
Unfair Treatment Related to Disability or Age
Landlords must not treat you less favourably because you have a disability. For instance, refusing to make reasonable adjustments for a tenant with mobility needs, or declining an application solely because of a disability, is unlawful. Age discrimination is also prohibited, so landlords should not reject younger or older applicants simply because of their age.
Other Less Common Examples
Discrimination can also happen based on religion or belief, pregnancy or maternity, or being married or in a civil partnership. For example, if a landlord says they do not rent to single parents, or to people of a certain religion, this is likely discrimination.
If you believe you have been treated unfairly when applying to rent, it is important to know your rights and what steps you can take. To learn more about what rental discrimination looks like and how to challenge it, visit What is Rental Discrimination?.
Your Rights as a Rental Applicant
As a rental applicant in the UK, you have the right to be treated fairly and equally, regardless of your protected characteristics. This means landlords and letting agents must not discriminate against you based on age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, or sexual orientation.
What Landlords Can and Cannot Ask
During the application process, landlords can ask for information that is relevant to your ability to rent the property, such as your employment status, income, references, and right to rent in the UK. However, they should not ask questions about your protected characteristics. For example, it is unlawful for a landlord to ask about your ethnicity, religion, or whether you are planning to have children. If you are asked questions that seem unrelated to your suitability as a tenant, especially about personal characteristics, this could be a sign of discrimination.
Recognising Unfair Treatment
Unfair treatment can be obvious or subtle. You might be told directly that you cannot rent a property because of your race or religion. Sometimes, discrimination is less direct – for example, being told a property is no longer available, only to find out it is still being advertised. Other signs include being given different terms or higher deposits compared to other applicants, or being ignored or delayed without a clear reason.
If you suspect you have been treated unfairly, it’s important to keep records of your communications and any advertisements. This can help if you decide to challenge the discrimination or seek advice. For more information on what rental discrimination looks like and what you can do about it, see What is Rental Discrimination?.
Understanding your rights empowers you to challenge unfair practices and ensures you have equal access to housing opportunities.
What to Do If You Believe You Have Been Discriminated Against
If you believe a landlord has discriminated against you during the rental application process, it’s important to act quickly and carefully. Discrimination based on protected characteristics – such as race, gender, disability, or religion – is against the law in the UK. Here’s what you can do if you think you’ve been treated unfairly.
1. Gather Evidence and Document Your Experience
Start by writing down exactly what happened. Make a note of:
- The date, time, and place of the incident
- Who was involved, including names and roles
- What was said or done, as accurately as you can remember
- Any emails, messages, or adverts that might support your case
If you received a rejection or negative response, keep copies of all correspondence. If you feel comfortable, you can also ask the landlord or letting agent to explain their decision in writing.
For help with how to set out your complaint, you can use resources like How To Write A Racial Discrimination Sample Letter, which offers a template that can be adapted for other types of discrimination.
2. Seek Advice and Support
It’s a good idea to get advice before taking any formal action. Organisations like Citizens Advice can help you understand your rights and what steps to take next. Their guide, Discrimination in housing – Citizens Advice, explains how to identify discrimination and what evidence you’ll need.
You may also want to talk to a solicitor or a local advice centre, especially if you’re unsure about your situation or need help making a complaint.
3. Take Action
Depending on your situation, you can:
- Complain directly to the landlord or letting agent, explaining why you think you’ve been discriminated against and what you’d like them to do to put things right
- Raise a formal complaint with a letting agent’s redress scheme, if the agent is a member
- Make a claim to the county court under the Equality Act 2010 if informal steps don’t resolve the issue
You can find more practical advice on next steps in our guide, What to Do if You Face Rental Discrimination.
4. Possible Outcomes and Remedies
If your complaint is successful, possible outcomes include:
- An apology or explanation from the landlord or agent
- Changes to their practices or policies
- Financial compensation for any loss or distress you’ve suffered
- Being offered the property if it is still available
Remember, taking action against discrimination not only helps you, but can also encourage fairer treatment for others in the future.
Related Topics You May Find Useful
When applying to rent a property, there are several reasons why an application might be rejected. Some reasons are legitimate, such as not meeting the landlord’s affordability criteria, a poor reference from a previous landlord, or a failed credit check. However, sometimes rejection may be linked to protected characteristics, which is unlawful.
Common examples include being turned away because you receive housing benefits, have children, or are a survivor of domestic abuse. If you’re concerned about being refused a tenancy due to claiming benefits, you can find out more in our guide: Can a Landlord Reject You for Being on Benefits?
Having children is another situation where discrimination can occur. Some landlords or letting agents may try to exclude families with children, but this can be unlawful. For more details on your rights if you have children, see: Can a Landlord Reject You for Having Children?
If you are fleeing domestic abuse and need urgent housing, you may be eligible for specialist support. Learn more about your options by visiting our page on Refuge Housing for Domestic Abuse.
People with disabilities, mental health needs, or other support requirements may be interested in Supported and Specialist Housing, which offers tailored accommodation and services.
Finally, if you suspect you have been treated unfairly or discriminated against during your rental application, it’s important to know your rights. Our guide on Recognising Rental Discrimination explains how to spot discrimination and what steps you can take to challenge it.
Exploring these related topics can help you better understand your rights and the protections available when applying to rent a property in the UK.
Additional Resources for Landlords and Tenants
Landlords and tenants both have important rights and responsibilities when it comes to fair and legal renting practices. Understanding these can help prevent discrimination and ensure everyone is treated fairly during the rental application process.
Guidance for Landlords on Fair Renting Practices
Landlords must follow the law when selecting tenants. This means you cannot treat someone differently or refuse to rent to them because of a protected characteristic, such as race, religion, disability, or gender. To help landlords stay compliant, the government provides detailed guidance on your legal responsibilities, including how to avoid discrimination and what checks you are allowed to make. For a full overview, see the official advice on Renting out your property: Landlord responsibilities – GOV.UK.
If you are new to letting, or want to ensure your practices are fair, you may also find it helpful to review our guide on Renting Out to Private Tenants. This resource covers key steps for renting out property fairly, including advertising, handling applications, and managing tenancies in line with the law.
How Tenants Can File Complaints About Discrimination
If you believe you have been treated unfairly or discriminated against when applying to rent a property, you have the right to take action. Start by gathering evidence, such as emails or messages, that show what happened. You can then make a formal complaint to the landlord or letting agent. If the issue is not resolved, you may be able to escalate your complaint to a relevant ombudsman or take legal action.
To better understand what counts as rental discrimination and learn how to challenge it, visit our guide on Know Your Rights: How to Spot and Challenge Rental Discrimination. This resource explains the signs of discrimination and outlines practical steps you can take.
Renting Out Property Fairly and Legally
Both landlords and tenants benefit from a fair and transparent rental process. Landlords should use clear criteria for selecting tenants, apply these equally to all applicants, and keep records of decisions. Tenants should know their rights and expect to be treated fairly throughout the process.
If you have questions or need help with any aspect of rental discrimination, Contend’s AI Legal Assistant can support you. Whether you are a landlord seeking advice on fair practices, or a tenant unsure about your rights, Contend can provide clear, personalised answers. It can guide you on next steps, help you understand your legal options, and even assist in drafting letters or complaints tailored to your situation. If you are facing a specific issue or want to make sure you are acting within the law, Contend is here to help.