What is Rental Discrimination?
Rental discrimination happens when a landlord or letting agent treats someone unfairly because of certain personal characteristics that are protected by law. In the UK, these protected characteristics are set out in the Equality Act 2010, which aims to ensure everyone has fair access to housing.
Protected characteristics under UK law include:
Race, colour, nationality, or ethnic origin
Sex or gender
Disability
Age
Sexual orientation
Religion or belief
Gender reassignment
Pregnancy and maternity
Marriage and civil partnership
Rental discrimination can take many forms. For example, a landlord might refuse to rent a property to someone because of their race or religion, offer different terms (such as a higher deposit) to a disabled person, or treat a tenant less favourably during their tenancy because of their sexual orientation. Discrimination can also occur during the application process, such as when a letting agent ignores applications from certain groups or asks intrusive questions about your personal life.
The Equality Act 2010 is the main law that protects tenants and potential tenants from this kind of unfair treatment. It is illegal for landlords and letting agents to discriminate on the basis of any protected characteristic, whether directly (for example, refusing to let a property to someone because of their age) or indirectly (for example, setting rules that disadvantage people with disabilities).
Understanding what rental discrimination is and knowing your rights is crucial. It helps ensure that everyone has equal opportunities when looking for a home and can challenge unfair practices if they arise. If you want to learn more about your legal protections and what you are entitled to as a renter, see our page on tenant rights. This knowledge can empower you to take action if you ever face discrimination while renting.
Protected Characteristics and Legal Protections
Under UK law, it is illegal for landlords, letting agents, or property managers to discriminate against tenants or prospective renters based on certain protected characteristics. The main piece of legislation that covers this is the Equality Act 2010. Understanding your rights under this law is essential when looking for a place to rent or living in a rented property.
The Equality Act 2010 sets out nine protected characteristics. In the context of renting, the most relevant are:
Race: This includes colour, nationality, ethnic or national origins.
Sex: Whether someone is male or female.
Disability: Physical or mental impairments that have a substantial and long-term effect on a person’s ability to carry out normal day-to-day activities.
Age: Protection applies to people of all ages, though there are some exceptions (such as for retirement communities).
Sexual Orientation: Whether someone is gay, lesbian, bisexual, or heterosexual.
Religion or Belief: Includes all religions, religious beliefs, and philosophical beliefs.
Pregnancy and Maternity: Protection for women who are pregnant or on maternity leave.
Gender Reassignment: Protection for people who are undergoing, have undergone, or are proposing to undergo a process to change their gender.
The Equality Act 2010 makes it unlawful for landlords and letting agents to treat someone unfairly because of any of these protected characteristics. This applies to all stages of renting, including:
Advertising properties
Deciding who to let a property to
Setting the terms of a tenancy
Access to facilities and services
Ending a tenancy
For example, a landlord cannot refuse to rent to someone because of their race or religion, nor can they offer different terms (such as a higher deposit) based on a protected characteristic.
Discrimination can be direct or indirect:
Direct discrimination: Refusing to rent a property to someone because they are disabled, or because of their sexual orientation.
Indirect discrimination: Setting rules or conditions that disadvantage people with a protected characteristic, unless there is a good reason (for example, banning all pets may indirectly disadvantage disabled people who rely on assistance dogs).
Harassment: Unwanted behaviour related to a protected characteristic that makes someone feel intimidated or degraded.
Victimisation: Treating someone unfairly because they have complained about discrimination or supported someone else’s complaint.
In addition to the Equality Act 2010, other laws help protect tenants from discrimination:
Human Rights Act 1998: Protects the right to respect for private and family life, which can be relevant in housing cases.
Housing Act 1988 and 2004: Set out the rights and responsibilities of landlords and tenants, including rules on eviction and property standards.
Immigration Acts: Require landlords to check the immigration status of tenants, but these checks must be applied equally to everyone, regardless of race or nationality.
It is crucial for landlords and letting agents to follow these laws. Failing to do so can lead to legal action, compensation claims, and reputational damage. Tenants who believe they have experienced discrimination can make a complaint to the letting agent, the local council, or take their case to court or a tribunal.
Understanding your rights can help you identify discrimination and take action if you are treated unfairly when renting a property.
Recognising Rental Discrimination
Rental discrimination can sometimes be obvious, but it is often subtle and harder to spot. Understanding the signs can help you protect your rights and take action if needed.
Common Signs of Rental Discrimination
Landlords and letting agents are not allowed to treat you unfairly because of certain protected characteristics, such as your race, religion, disability, sex, or if you are pregnant. The Equality Act 2010 makes this type of discrimination illegal. Signs that you may be facing rental discrimination include:
Refusal to view or rent a property without a valid reason: For example, being told a property is “no longer available” after the landlord meets you, but later seeing it advertised again.
Different treatment during the application process: If you are asked for more documents, references, or background checks than other applicants, or if your questions are ignored or dismissed.
Unfair or unusual terms applied: Being asked to pay a higher deposit, agree to extra conditions, or accept a shorter tenancy compared to other tenants.
Subtle or Indirect Discrimination
Discrimination is not always direct. Sometimes, rules or requirements that seem neutral can unfairly disadvantage certain people. For example:
Higher deposits or extra fees: You may be asked to pay more because of your nationality, family status, or because you receive benefits.
Restrictions on families or certain groups: Adverts stating “no DSS”, “no children”, or “professionals only” can be indirect discrimination and are often unlawful.
If you notice that you are being treated differently to others in similar situations, it could be a sign of indirect discrimination.
Discrimination Related to Disability
Landlords must not treat disabled renters less favourably and are legally required to make “reasonable adjustments” to help disabled people rent and live in their properties. Examples of disability discrimination include:
Refusing to make reasonable changes: Not allowing minor adaptations like installing a ramp or grab rails, even when these changes would not cause major disruption.
Ignoring requests for accessibility modifications: Dismissing or delaying requests for changes that would help you use the property safely and comfortably.
If you need changes to your home because of a disability, you have the right to request disability adjustments. Landlords must consider your request and cannot refuse without a good reason.
Discrimination Against Renters With Pets
Although having a pet is not a protected characteristic under the law, some renters experience discrimination because they have pets. Landlords may refuse to rent to pet owners or impose higher deposits or stricter terms. While landlords can set reasonable conditions, blanket bans or excessive charges may be unfair. If you are facing difficulties, it’s important to know your rights around renting with pets, as recent guidance encourages landlords to consider tenants with well-behaved animals.
What Should You Do If You Suspect Discrimination?
If you notice any of these signs, keep a record of your interactions with landlords or agents, including emails and messages. Knowing your rights under the Equality Act 2010 and seeking advice early can help you challenge unfair treatment and secure a fair opportunity to rent a home.
Recognising rental discrimination is the first step to protecting yourself. If you think you have been treated unfairly, explore your options and seek support to ensure your rights as a renter are respected.
What to Do if You Face Rental Discrimination
If you believe you have been discriminated against while trying to rent a property, it’s important to take action to protect your rights. Here are the key steps you should follow:
Start by carefully documenting every incident of possible discrimination. This could include:
Saving emails, text messages, or written correspondence with the landlord or letting agent
Making notes of conversations, including dates, times, and what was said
Collecting adverts or listings that show different treatment
Keeping records of any witnesses who can support your account
Having clear evidence will strengthen your case if you decide to make a complaint or take legal action.
If you feel comfortable, contact your landlord or letting agent to raise your concerns. Explain why you believe their actions may be discriminatory and refer to the Equality Act 2010, which makes it illegal for landlords or agents to treat tenants unfairly based on protected characteristics such as race, gender, disability, religion, or sexual orientation.
Sometimes, discrimination may be unintentional or the result of a misunderstanding. Giving the landlord or agent a chance to respond could resolve the issue quickly. Make sure to keep a record of all communications.
If the problem isn’t resolved, or if you need guidance, there are several organisations that can help:
Local council housing departments: They can advise you on your rights and may be able to intervene.
Housing charities: Organisations like Shelter and Citizens Advice offer free, confidential advice on housing discrimination and can help you understand your options.
Legal services: If you need more formal support, consider speaking to a solicitor who specialises in housing law or discrimination.
These resources can help you decide on the best course of action and support you through the process.
If informal steps don’t resolve the issue, you can make a formal complaint. This might involve:
Using the letting agent’s or landlord’s official complaints procedure if they have one
Reporting the issue to a redress scheme (if the agent is a member)
Contacting your local council’s housing or tenancy relations team
If discrimination continues, you may have grounds to take legal action under the Equality Act 2010. This could involve making a claim in the county court for compensation or to get the landlord to change their behaviour. Legal advice is important at this stage, as the process can be complex.
If you are threatened with eviction after raising a discrimination complaint, special rules may apply. The law protects tenants from being evicted solely because they have asserted their rights or complained about discrimination. If you’re in this situation, find out more about your options by reading our guide on discriminatory eviction.
Taking action against rental discrimination can feel daunting, but you don’t have to face it alone. By gathering evidence, seeking advice, and knowing your rights, you can challenge unfair treatment and help ensure everyone has equal access to housing.
Financial Support and Housing Benefits
Facing rental discrimination can make it even harder to find a safe and affordable place to live, but there are financial support options available to help tenants in the UK. Understanding what assistance you can access is an important step in protecting your rights and securing stable housing.
If you are struggling to pay rent or have been treated unfairly by landlords due to your income, employment status, or reliance on benefits, you may be eligible for financial help. The main types of support include:
Housing Benefit: This government payment is designed to help people on low incomes cover their rent. It can be especially vital if you’re facing discrimination because you receive benefits or have a limited income.
Universal Credit (Housing Element): If you’re of working age, you may receive help with housing costs through Universal Credit instead of Housing Benefit.
Discretionary Housing Payments (DHPs): If your Housing Benefit or Universal Credit doesn’t cover all your rent, you can apply for extra help from your local council.
Local Welfare Assistance Schemes: Some councils offer additional grants or loans for people in urgent need, such as those at risk of homelessness.
Housing Benefit is a key resource for tenants who need help paying their rent. It’s available to people who are unemployed, on a low income, or claiming certain benefits. Housing Benefit can be paid whether you rent privately, from a housing association, or from the council. In some cases, it can cover all or part of your rent, reducing the risk of falling into arrears or being evicted.
It’s important to know that under the Equality Act 2010, landlords cannot discriminate against you because you receive Housing Benefit or Universal Credit. However, some tenants still report being refused properties for this reason. If this happens, you may have grounds to challenge the landlord’s decision.
To apply for Housing Benefit, you usually need to contact your local council. The application process typically involves:
Completing an application form online or in person.
Providing evidence of your income, savings, rent, and household members.
Waiting for your council to assess your claim and notify you of the outcome.
Eligibility depends on your income, savings, household circumstances, and the type of accommodation you live in. If you are of working age, you will normally need to apply for Universal Credit instead, unless you are living in supported, sheltered, or temporary accommodation.
For more detailed information about eligibility and the application process, see our dedicated guide on Housing Benefit.
If Housing Benefit or Universal Credit doesn’t cover your full rent, you can apply for a Discretionary Housing Payment from your council. This is a short-term solution to help with rent shortfalls, deposits, or moving costs. Local Welfare Assistance Schemes can also provide emergency help if you’re at risk of homelessness or facing a crisis.
It’s worth knowing that some landlords and letting agents may have misconceptions about tenants who rely on benefits. This can sometimes lead to unfair treatment or “No DSS” policies. If you experience this, you have rights and can seek advice or support.
For a broader discussion of the challenges faced by tenants in social housing or those reliant on benefits, you may find the Chartered Institute of Housing’s blog on Stigma and social housing in England – Chartered Institute of Housing helpful.
If you need additional support or advice, consider reaching out to your local council, Citizens Advice, or a housing charity. They can help you understand your options and take action if you believe you’ve been discriminated against.
Rental Discrimination and Rent Arrears
Rental discrimination doesn’t just affect your ability to find a home – it can also have a direct impact on your finances. If you’re treated unfairly by a landlord or letting agent because of your race, disability, gender, or another protected characteristic, you may find it harder to maintain stable housing. This stress and instability can sometimes lead to difficulties paying rent, resulting in rent arrears.
Discrimination can appear in many forms, such as refusing to make reasonable adjustments for a disability, or unfairly increasing rent for certain tenants. These actions can make it harder to manage your money or even lead to job loss or reduced income if you’re forced to move frequently. In some cases, a landlord’s refusal to accept certain benefits or guarantors can also limit your options and put you at risk of falling behind on rent.
If you experience discrimination, it can create a hostile or insecure living environment, making it more challenging to keep up with regular payments. Over time, this may result in unpaid rent and rent arrears.
If you’re struggling to pay your rent due to discrimination or related stress, it’s important to act quickly:
Communicate Early: Let your landlord or letting agent know about your situation as soon as possible. Explain any financial difficulties and ask if they can offer flexibility, such as a payment plan.
Keep Records: Document any discriminatory behaviour, including emails, text messages, or notes from conversations. This can be vital if you need to challenge unfair treatment or defend yourself against eviction.
Seek Support: Contact local advice services, such as Citizens Advice or Shelter, who can help you understand your rights and negotiate with your landlord.
Under the Equality Act 2010, it is illegal for landlords and letting agents to discriminate against tenants based on protected characteristics. This includes refusing to rent to you, treating you differently, or harassing you. If discrimination leads to rent arrears, your landlord cannot lawfully use this as an excuse to evict you without following the correct legal process.
If you are facing eviction due to rent arrears linked to discrimination, you may be able to challenge the eviction or make a complaint to the local council or Housing Ombudsman. In some cases, you may also be entitled to compensation.
If you’re struggling with rent payments because of discrimination or any other reason, don’t wait to seek advice. Specialist organisations such as Citizens Advice, Shelter, and your local council can provide guidance, help you understand your rights, and support you in dealing with both discrimination and rent arrears.
For more information on what to do if you fall behind on rent, including your rights and possible next steps, see our detailed guide on unpaid rent and rent arrears.
Summary and Further Resources
Rental discrimination is illegal in the UK. Landlords and letting agents must not treat you unfairly because of characteristics protected under the Equality Act 2010, such as your race, religion, sex, disability, or other protected characteristics. If you are refused a tenancy, offered worse terms, or harassed during your tenancy because of who you are, this may be unlawful discrimination.
It’s important to know that you have rights as a tenant. The law protects you from discrimination at every stage of the rental process – from viewing a property to signing a tenancy agreement and throughout your time living there. If you believe you have experienced discrimination, you can take steps such as gathering evidence, making a formal complaint, or seeking legal advice.
Don’t hesitate to seek support if you face rental discrimination. Organisations such as Shelter (England, Scotland, Wales, and Northern Ireland), Citizens Advice, and your local council’s housing department can provide confidential help and guidance. For legal advice, you may also consider contacting the Equality Advisory and Support Service (EASS), which offers support on issues related to discrimination.
To get a fuller picture of your rights and responsibilities as a tenant, explore our main page on tenant rights. There, you’ll find detailed information on topics such as deposits, repairs, eviction rules, and renting with pets, which can help you understand and protect your position when renting a property.
Remember, you are not alone if you face discrimination when renting. Support is available, and knowing your rights is the first step to taking action. If you need urgent help or legal advice, reach out to:
Shelter: For free housing advice and support (England, Scotland, Wales, Northern Ireland).
Citizens Advice: For guidance on your legal rights and practical steps.
Equality Advisory and Support Service (EASS): For specialist advice on discrimination.
Local council housing departments: For issues with private landlords or letting agents.
Understanding your rights is key to ensuring fair treatment in the rental market. Take action if you need to, and use the resources available to you.
