Benefit Discrimination: Can Landlords Refuse Tenants on Benefits in England?

If you’re looking to rent a home in England and you receive benefits such as Universal Credit or Housing Benefit, you might be worried about whether a landlord can refuse to let to you. This is a common concern, as many renters experience ‘No DSS’ or ‘No Housing Benefit’ policies. This article explains your legal rights, steps you can take if you experience discrimination, and where to get support.

Is It Legal for Landlords to Refuse Tenants on Benefits in England?

Landlords and letting agents in England are not allowed to discriminate against tenants simply because they receive benefits. The term 'No DSS', 'No Universal Credit', or 'No Housing Benefit' policies may constitute unlawful discrimination, especially if this disproportionately affects women, disabled people, or others protected under the Equality Act 2010^[1].

While landlords can carry out checks on affordability and references, they must not have blanket bans stating they won’t accept tenants on benefits. In recent legal cases, courts have ruled that such blanket policies can be indirect discrimination, particularly against women and disabled people.

What Does the Law Say?

• Equality Act 2010: Protects people from discrimination in housing, including indirect discrimination through policies that disadvantage protected groups.
• Housing Act 1988: Sets out most of the rules for private renting, including rights and responsibilities of tenants and landlords. However, benefit discrimination cases rely on equality law, not tenancy law directly.

The official guidance for letting agents and landlords is clear: you shouldn’t be refused just because you’re a benefit claimant. For further reference, see the government’s guidance on the rights and responsibilities of private tenants and common discriminatory practices.

How Can You Challenge Benefit Discrimination?

If you’re refused a home because you claim benefits, consider the following steps:

• Collect evidence: Keep emails, messages, or adverts showing 'No DSS' or similar policies.
• Raise the issue: Contact the landlord or agent, explain that ‘No DSS’ could be unlawful under the Equality Act, and ask them to reconsider.
• File a complaint: Complain in writing to the letting agent’s head office or their redress scheme.
• Seek legal advice: If unresolved, you can take further action through the county court under the Equality Act.

For renters whose protected characteristics are affected, such as disability or gender, taking legal action may result in compensation or a change in practice.

Official Forms and Practical Steps

• Form ET1 (Employment Tribunal claim): While housing discrimination is not handled by employment tribunals, Form ET1 is sometimes referenced for workplace discrimination. For housing-related discrimination, claims are usually made to the county court, using the Claim Form N1.
• Claim Form N1 (County Court): Form N1 is used to start a civil claim in the county court, including discrimination under the Equality Act. For example, if a letting agent refuses your application because you are on benefits, you can use the N1 form to make a claim under the Equality Act 2010.
• Make a complaint to a Redress Scheme: If the letting agent is a member, you can complain to one of the government-approved redress schemes such as The Property Ombudsman or Ombudsman Services: Property.

If you believe a letting agent or landlord has discriminated against you because you are a benefit claimant, you may be able to challenge this even if you do not have a protected characteristic. However, the law is strongest when it affects groups protected by the Equality Act.

Who Handles Discrimination Complaints in Residential Tenancies?

In England, housing discrimination complaints can be made directly to the County Court, with possible early help from Citizens Advice. There is no specific residential tenancy tribunal for discrimination; most housing disputes about evictions or rent are handled by the First-tier Tribunal (Property Chamber), but discrimination is usually a matter for civil courts.

Always seek advice before making a court claim, as procedures and costs can be complex.

Your Rights and Next Steps as a Renter

• Review any rejection reason and request it in writing
• Keep a record of any discriminatory language or ads
• Contact the letting agent’s redress scheme if needed
• If affected, use the N1 Claim Form to begin a court claim

Most importantly: no blanket 'No DSS' or similar policy is allowed under the law. Every prospective tenant must be considered fairly and individually.

Frequently Asked Questions

1. Can a landlord legally advertise a property as 'No DSS'?
   No, advertising a property as ‘No DSS’ or similar is likely unlawful, as it can amount to indirect discrimination. Letting agents and landlords should consider every application on its individual merits.
2. What should I do if my application is rejected because I’m on benefits?
   Ask for the reason in writing, collect any evidence, and raise a complaint with the agent’s redress scheme or consider a claim under the Equality Act 2010.
3. Which official body deals with housing benefit discrimination?
   Discrimination cases are usually brought in the County Court. For advice, contact Citizens Advice or your local council housing office.
4. Am I protected if I do not have a protected characteristic?
   The law is clearest when you have a protected characteristic (such as disability or gender). However, blanket exclusions may still be challenged, and agents may change policies following complaints.
5. Where can I find help making a discrimination claim?
   Support is available from Citizens Advice, your local council, or through legal advice services, who can guide you through preparing a County Court claim.

Need Help? Resources for Renters

• Government: Rights and responsibilities of private tenants
• Citizens Advice: Discrimination in housing
• County Court N1 Claim Form
• The Property Ombudsman (redress scheme)
• First-tier Tribunal (Property Chamber)

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1. Equality Act 2010 (legislation.gov.uk)
2. Housing Act 1988 (legislation.gov.uk)
3. Claim Form N1 (gov.uk)

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