Rental discrimination

A landlord or agent must not unlawfully discriminate against a person when letting out or managing accommodation.

Protected characteristics

Under the Equality Act 2010, a person who is letting out or managing accommodation must not unlawfully discriminate against a person on the basis of their protected characteristic.

In relation to discrimination in renting out accommodation, protected characteristic means:[1]

• disability

• race

• religion or belief

• pregnancy or maternity

• sex

• gender reassignment

• sexual orientation

Age, marriage, and being in a civil partnership are also protected characteristics but are not included for discrimination in renting out a home.

The Equality Act also imposes obligations on those concerned with the provision of services to the public or to a section of the public, whether in the private, public, or voluntary sectors. This covers schemes for allocation of social housing.[2]

Letting to households with children or receiving benefits

A landlord or agent cannot discriminate against a prospective tenant on the basis that the tenant has children or claims benefits.[3] For example, by using an advert that states 'No DSS.'

The Equality Act prohibits:

• direct discrimination[4]

• harassment[5]

• victimisation[6]

• indirect discrimination[7]

Direct discrimination

Direct discrimination occurs where a person treats another person less favourably because of a protected characteristic.[8] For example, a landlord refuses to let properties to people of a certain ethnic group.

Direct discrimination is only capable of being justified in extremely limited circumstances. For example positive action towards a disabled person.[9]

Direct discrimination by perception or by association

Direct discrimination includes where someone is treated less favourably than another person because they are thought to have a protected characteristic (discrimination by perception) or because they associate with someone who has a protected characteristic (discrimination by association).

Harassment

Harassment is defined as 'unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual'.[10]

Harassment applies to all protected characteristics except for pregnancy and maternity, and marriage and civil partnership.

Victimisation

Victimisation occurs when a service provider subjects a person to a detriment because the person has carried out (or is believed to have carried out) a 'protected act'.

A protected act includes making an allegation that someone has breached the Equality Act, as well as bringing proceedings under the Act or giving evidence in proceedings.[11]

The victim does not need to have a protected characteristic in order to be protected from victimisation under the Equality Act. For example if they are supporting a person with a protected characteristic who is making a claim.

Indirect discrimination

Indirect discrimination is where a policy or practice which seems neutral actually puts a person with a protected characteristic at a particular disadvantage. For example where a local authority applies a policy to everyone but the policy puts a disabled person at a particular disadvantage compared to others with no disabilities. 

Indirect discrimination may be justifiable if it is a proportionate means of achieving a legitimate aim.

Indirect discrimination arising from disability

Discrimination arising from disability is a special form of indirect discrimination applicable to disabled people treated unfavourably because of something arising in consequence of their disability.[12] For example where possession proceedings are brought against a disabled person for nuisance and anti-social behaviour caused by their disability.

The perpetrator of indirect discrimination has a defence if they can show that their discriminatory act was a proportionate means of achieving a legitimate aim.[13]

The proportionality test applies differently depending on whether the perpetrator is a private person or a public body. In general, an action will only be proportionate if it:[14]

• pursues a legitimate aim

• is rationally connected to the legitimate aim

• is a measure which is no more than is necessary to achieve the legitimate objective

For example, in most rent arrears cases, the reduction of the arrears is likely to be a legitimate aim. Similarly in nuisance cases, the curtailment of anti-social behaviour is likely to be good housing management practice and will also be a legitimate aim. Bringing possession proceedings where arrears or nuisance has happened because of a person's disability may be allowable if it is a proportionate means of achieving that aim.

Positive action

The Equality Act allows ‘positive action’ to tackle disadvantage faced by those sharing a protected characteristic, even if it has the consequence of disadvantaging those sharing a different protected characteristic.[15] Positive action can be justified where it is proportionate. Positive action is different from positive discrimination which is unlawful. The difference between the two can be difficult to define and is determined by the particular situation.

Charities

A charity will not breach its obligations under the Equality Act if it restricts any of its services to people who share a protected characteristic, such as membership of a religious community, where that is a proportionate means of achieving a legitimate aim.[16] This exception does not apply where the people who benefit from the charity's actions or policy share a protected characteristic of race.

A person who has the right to 'dispose of' premises must not unlawfully discriminate against any person on the basis of a protected characteristic.

This right to dispose of premises includes where a landlord lets out a property, or a tenant sublets or assigns a tenancy.[17]

Unlawful discrimination includes:[18]

• refusing to let to someone

• imposing different terms on which they offer to let to someone

• treating differently a person seeking to rent a property

Where a bed and breakfast owner had a policy of refusing to let double rooms to unmarried couples, this was held to unlawfully discriminate against gay couples.[19]

Harassment and victimisation by the person with a right to dispose are also prohibited, as is discrimination, harassment or victimisation by a person whose permission is required for disposal.[20]

Right to rent immigration checks

The Immigration Act 2014 requires certain landlords and agents to check the immigration status of prospective tenants and licensees to see if they have a right to rent.[21]

A landlord who only carries out document checks on people on the basis of their colour, or ethnic or national origins, will be discriminating on grounds of race. The government has published an anti-discrimination code of practice advising landlords on how to operate checking processes that are non-discriminatory and in accordance with statutory equalities duties.

Find out more about right to rent immigration checks.

A landlord or agent must not discriminate against a prospective tenant because they claim or might claim benefits. The landlord or agent must not, for that reason, prevent the prospective tenant from:[22]

• enquiring whether the property is available

• accessing information about the property

• viewing the property

• entering into a tenancy

A landlord or agent must not apply a provision, criterion or practice to make benefits claimants less likely to enter a tenancy compared with people who are not benefit claimants. This includes posting an advert for a property that states 'No DSS'.

A person is not liable for discrimination if they only publish an advert or provide a means by which a prospective landlord and tenant can communicate.[23] For example, online portals would not be liable for discriminatory terms in property adverts.

Tenancy and mortgage terms

Any term in a buy to let mortgage or superior lease which prohibits renting to a tenant in receipt of benefits has no effect.[24]

A term in a tenancy which prohibits the tenant from claiming benefits has no effect, except if the term is to comply with an insurance contract entered into or extended before 1 May 2026.[25]

Landlord's insurance conditions

A landlord or agent has a defence to discrimination where their insurance contract:[26]

• prevents letting to households in receipt of benefits, and

• started or was extended before 1 May 2026

This does not apply if the insurance contract started or was extended after 1 May 2026.[27]

Lawful refusals to rent a property

A landlord or agent can refuse to let to a prospective tenant for non-discriminatory reasons. For example, a landlord or agent can take a prospective tenant's income into account when considering whether they would be able to afford to pay the rent.[28]

Penalties

A local authority can impose a financial penalty of up to £7,000 against landlords or agents who breach discrimination rules.[29] The local authority can impose multiple penalties on a landlord or agent who repeatedly breaches the rules.[30]

Find out more about local authority enforcement.

A landlord or agent must not discriminate against a prospective tenant because they have children under 18. The landlord or agent must not, for this reason, prevent the prospective tenant from:[31]

• enquiring whether the property is available

• accessing information about the property

• viewing the property

• entering into a tenancy

A landlord or agent cannot apply a provision, criterion or practice to make people with children less likely to enter into a tenancy compared with people without children.

This also applies where a child might visit the tenant at the property.

A person is not liable for discrimination if they only publish an advert or provide a means by which a prospective landlord and tenant can communicate.[32] For example, online portals would not be liable for discriminatory terms in property adverts.

Tenancy, mortgage and superior lease terms

Any term in a buy to let mortgage or superior lease which prohibits renting to a tenants with children has no effect.[33]

Any term in a tenancy which prohibits the tenant from having a child live with or visit them has no effect, except if the term is to comply with an insurance contract entered into or extended before 1 May 2026.[34]

Landlord's insurance conditions

A landlord or agent has a defence to discrimination where their insurance contract:[35]

• prevents letting to households with children, and

• started or was extended before 1 May 2026

This does not apply if the insurance contract started or was extended after 1 May 2026.[36]

Proportionate means of achieving a legitimate aim

A landlord or agent has a defence to discrimination if it is a proportionate means of achieving a legitimate aim.[37] For example, refusing to let a property because it would lead to overcrowding might be proportionate means of achieving a legitimate aim.

Penalties

A local authority can impose a financial penalty of up to £7,000 against landlords or agents who breach discrimination rules.[38] The local authority can impose multiple penalties on a landlord or agent who repeatedly breaches the rules.[39]

Find out more about local authority enforcement.

A person who manages accommodation must not discriminate against, harass or victimise a person who occupies that accommodation on the basis of a protected characteristic.[40] This includes:

• prohibiting or allowing that person to use a benefit or facility

• evicting them, or taking steps for the purpose of securing the eviction of that person

• subjecting that person to any other detriment

The term 'manager of premises' is not defined in legislation but is likely to include social housing providers, private landlords and their agents.

Eviction includes the entire possession process, from the serving of notice to issuing court proceedings.

Find out more about disability discrimination defences on Shelter Legal.

A person who lets out or manages accommodation should make reasonable adjustments to prevent a substantial disadvantage to a disabled person caused by either a provision, criterion or practice or the absence of an aid.[41]

A provision, criterion or practice includes a term of the tenancy.[42]

A disabled person includes:[43]

• a tenant of the property

• a person considering letting the accommodation

• a person entitled to occupy

Failure to comply with the duty to make reasonable adjustments is discrimination against the affected person.[44]

The duty to make reasonable adjustments does not require the alteration or removal of a physical feature.[45]

In one case, a tenant had paranoid schizophrenia which caused a heightened sensitivity to noise and smell. The tenant complained of noises in their flat which were considered to be within the range of normal tolerance.

The High Court found that tenant was at a disadvantage compared to someone without this disability, but the landlord had taken reasonable steps and was not in breach of a duty to make reasonable adjustments by failing to decant the tenant to another property. As the noise levels were considered normal, there was no evidence the tenant would not experience the same issue if they were decanted. The tenant was still able to apply for a transfer to another property.[46]

Find out more about reasonable adjustments for disabled people on Shelter Legal.

A person who has been the victim of any form of unlawful discrimination can apply:

• to the County Court for damages, including compensation for injured feelings

• for an injunction to enforce compliance with the Equality Act or any other remedy which the High Court could award on a claim for judicial review.[47]