Discrimination in housing

You may be able to take action if you have been discriminated against because of your race, colour, nationality, ethnic or national origin, religion or belief, sex, sexual orientation, disability or age. This section gives an overview of how the law works.

It's important to be aware that although many forms of discrimination are illegal, discrimination is permitted in certain circumstances.

What is discrimination?

Discrimination is when someone is treated less favourably than other people because of, for example, race, nationality, gender, disability, belief or social status. You may have been discriminated against if you have been:

• refused access to premises, or to a service
• offered a substandard service
• offered a service on different terms.

Discrimination can be direct (eg 'women only') or indirect (eg 'no headscarves').

Comments in a local paper or in a leaflet or at a public meeting are not legally classed as discrimination, but are usually illegal if they incite hatred.

Using a system to assess different people’s needs and allocate scarce resources on the basis of need does not count as discrimination. For example, certain groups of people get priority on council waiting lists for housing, and/or are likely to be entitled to emergency housing if they become homeless because they are in priority need.

Discrimination is not normally allowed but there are exceptions.

Discrimination by public bodies

It is always illegal for a public body (eg the council, the police, or the NHS) to discriminate on the basis of:

• race, colour, nationality or ethnic or national origins
• sex, sexual orientation, transgender status, or pregnancy
• reasons relating to disability, which cannot be justified
• language, religion, political or other opinion
• property, birth or other status - including class, caste, marital status, or criminal convictions.

This includes all council services, for example, schools, housing homeless people, dealing with noise nuisance or handling housing benefit claims. It also includes private individuals or organisations carrying out public functions – for example a housing association that manages the council’s housing advice functions.

Using a points system or other assessment criteria to allocate scarce recourses on the basis of need does not count as discrimination. For example, councils give priority to certain groups on waiting lists, and make enquiries to work out whether a particular homeless person is entitled to temporary accommodation.

Racial discrimination

Racial discrimination is normally illegal in housing transactions like lettings and house sales. However, there are very limited exceptions. Discrimination on the grounds of colour or nationality (but not race, ethnic or national origins) is usually allowed if:

• someone is taking in a lodger in 'small premises', where living space is shared with the landlord or her/his family member
• an owner-occupier is selling their home privately (ie an estate agent isn't used and the property isn't advertised)

If accommodation is provided with a job, the employer is only allowed to discriminate if being a member of a particular racial group is a genuine occupational qualification. For example, a domestic violence refuge for women from a particular ethnic group can advertise for a resident warden who must be from that ethnic group.  

People providing goods and services – eg shopkeepers, publicans, owners of clubs or restaurants – are not allowed to discriminate on the grounds of race unless:

• they are taking in and caring for foster children or elderly people, or
• they are a club, association or charity set up for people from a particular ethnic or national group, in which case they are allowed to discriminate on the basis of nationality or ethnic or national origin, but not on colour.

Racist comments in a local paper or in a leaflet are not legally classed as discrimination, but are illegal if they incite hatred.

Discrimination on grounds of religion is not necessarily racial, but the law recognises Sikh and Jewish people as racial groups. 

Sex discrimination

Sex discrimination is illegal in housing transactions like lettings and house sales. But there are exceptions, where discrimination is permitted:

• a property owner can discriminate when selling their home, provided that an estate agent isn't used and the property isn't advertised
• people taking in a lodger in 'small premises', where living space is shared with the landlord or a member of her/his family can discriminate on the grounds of sex
• charities set up to benefit only one sex, and non-profit making single-sex clubs can provide accommodation to people of that sex
• shared accommodation (eg hostels, dormitories) can be restricted to one sex.

People providing goods and services - eg shopkeepers, publicans, taxi drivers, owners of restaurants or clubs - cannot normally discriminate on the grounds of sex. But there are exceptions, where discrimination is permitted, such as:

• private members' clubs
• voluntary bodies providing services only to people of one sex
• to protect users (eg where users may be undressed or involving physical contact)
• sports teams.

The rules can be complicated. For example a school must provide equal access to sports opportunities and facilities, but can still make certain sports only available to one sex.

Sexual orientation discrimination

Lesbian, gay, bisexual and transgender people are protected from discrimination in a similar way to other groups. Sexual orientation discrimination can be:

• direct (eg if two men are refused a hostel room with a double bed, although one is available, because the hostel says it is against their policy to allow adults of the same sex to share a bed), or
• indirect (eg if a mortgage lender refuses to give loans to customers who have had an HIV test, as gay men may be more likely than others to have had such a test).

Sexual orientation discrimination is illegal in housing transactions like lettings and house sales apart from where someone is taking in a lodger in small premises. It is also illegal to advertise in a way that implies that customers of a particular sexual orientation are unwelcome.

If accommodation is provided with a job, the employer is only allowed to discriminate if sexual orientation is a genuine occupational qualification. For example, a domestic violence refuge for gay men can advertise for resident staff who must be gay.  

Registered civil partners have the same rights as married heterosexual spouses in relation to property and tenancy rights.

Disability discrimination

Disability includes a wide range of conditions, for example mobility or sensory impairments, long-term illness, mental health problems, learning disabilities and HIV/AIDS.

Disability discrimination is illegal in housing transactions like lettings and house sales apart from where someone is taking in a lodger in small premises.

People providing goods and services (eg shopkeepers, publicans, taxi drivers, owners of restaurants or clubs) can't discriminate by disability. There are exceptions, however, such as private members' clubs, planes, ships and ferries.

Disability discrimination may also happen where there is a failure to make a ‘reasonable adjustment’ for a disabled person. A reasonable adjustment might be to:

• change a policy or procedure that makes it more difficult for disabled people to use goods or access services (eg allow guide dogs in a shop, even if dogs are not normally allowed)
• provide an auxiliary aid or service to make it easier for disabled people (eg build an access ramp)
• provide an alternative service that is easier for disabled people to use (eg offer home visits).

What sort of adjustments are ‘reasonable’ will depend on the type of service or facility, the provider's type, size and resources, and the effect of the disability on the individual user.

Some services, like insurance, have slightly different rules. Also, discrimination relates to the supply of goods, but not to the suitability of the goods themselves. So, for example, the manufacturer of a kettle does not have to make sure that it can be used by disabled people or make the instructions available in Braille. But the retailer has to make reasonable adjustments so that a disabled person can buy the kettle.

Disability discrimination is not illegal if it can be justified. This might be the case if, for example:

• it is necessary for health and safety reasons
• it is necessary so that the disabled person and/or other people living in the building can use facilities.

The justification has to be reasonable - so it would be illegal simply to ban all disabled people on health and safety grounds. But, for example, a cinema could expect wheelchair users to sit in a designated space.

What can I do about illegal discrimination?

The Equality and Human Rights Commission (see below) can advise you about whether you have been discriminated against, and what you can do about it. Or you could get advice from Citizens Advice or a law centre.

In some cases, there may be a criminal prosecution. However, it is more likely that you will be able to challenge the discrimination or possibly get compensation by making a complaint or taking court action.

It can sometimes be difficult to separate discrimination from other factors. You may need advice about both the law and practical issues in order to work out whether the treatment you have experienced counts as discrimination from a legal point of view.

If there is a charity or pressure group working in a relevant area, look at their website or contact them by telephone or letter. They may be able to provide useful advice, specific to your circumstances. For example, a charity that represents people with a particular disability may be able to help you if you are facing discrimination as a result or that disability. Similarly, a gay and lesbian helpline (such as the London Lesbian and Gay Switchboard) may be able to help if you are being discriminated against because of your sexuality.

Can discrimination that is not illegal be challenged?

The law is changing all of the time, so it is worth checking your position with a local advice centre – use our directory to find one.

Where discrimination is allowed (see above), there may be nothing you can do to challenge it legally. However, it may still be worth making a complaint. Remember that companies want to please their customers, charities want to help people and people usually want to do what seems right, so your complaint could make a difference.

How can the Equality and Human Rights Commission help?

The Equality and Human Rights Commission (EHRC) works to promote equality and prevent all forms of discrimination. It can also deal with other kinds of discrimination, including discrimination because of age, religion, beliefs, or sexuality. It can help you if you believe you have been the victim of unlawful discrimination by:

• carrying out investigations
• providing advice and information
• arranging conciliation
• helping you to take your case to court, if the issue is likely to test or improve the law in some way
• working with the Government, councils, schools, hospitals and other public services, advising on diversity policies and encouraging good practice.

Visit the Equality and Human Rights Commission website to find out more about what they can do to help you and how to contact them. You can also get more information about discrimination from the Advicenow website.

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