Can Benefit Issues Affect Your Ability to Rent in England?

Getting a home in England can be stressful, especially if you rely on benefits like Universal Credit or Housing Benefit. Many renters worry about being refused a tenancy because of their benefit status. Here, we explain when you can (and can't) be denied housing for benefit issues, your rights under current English law, and the key forms and steps to protect yourself if you face discrimination.

Understanding Benefit Issues in Renting

"Benefit issues" typically means that you receive Housing Benefit, Universal Credit, or another form of welfare support to help with rent. Some landlords or agents may claim to have a "No DSS" or "No Benefits" policy, which can feel unfair or even discriminatory.

Is it Legal to Refuse Renting to Tenants on Benefits?

In England, it is unlawful for landlords or letting agents to refuse housing simply because you receive benefits. This has been established in several county court cases, where the courts found that these blanket bans can be indirect discrimination under the Equality Act 2010—particularly if you are a woman or have a disability, since these groups are more likely to be receiving benefits.^[1]

However, landlords are still allowed to carry out their usual affordability checks and may refuse an application if you do not meet their financial requirements. The refusal must not be solely because you receive benefits.

Private Renting vs. Social Housing

The situation can vary depending on whether you are applying for:

• Private renting: Landlords and agents should judge each renter fairly, considering your ability to pay rent, not just your benefit status. Advertising or enforcing a "No DSS" policy is likely unlawful discrimination.
• Social housing: Local councils or housing associations assess your eligibility for social housing based on need, not just benefit status. Councils cannot refuse you simply because you get benefits, though they may consider if you have rent arrears or past tenancy issues.

Which Law Protects You?

Your rights are protected under the Equality Act 2010, which makes it unlawful to indirectly discriminate on the basis of disability, sex, race, or certain other characteristics. For tenancies themselves, your rights as a renter are covered by the Housing Act 1988 and, for older tenancies, the Rent Act 1977.^[2]

What To Do If You Are Refused Housing Due to Benefits

If you are denied a tenancy and believe it is solely or mainly due to receiving benefits, you have several options:

• Request from the landlord or letting agent the exact reason for the refusal in writing.
• Check if the advertising or communication included language like "No DSS" or "no housing benefit accepted." Keep screenshots or emails as evidence.
• Contact your local council or Shelter England for advice and support on challenging discrimination.
• Consider making a formal complaint to the letting agent’s redress scheme or the local council if you believe there is a case of unlawful discrimination.

If you receive Housing Benefit or Universal Credit, landlords and agents cannot lawfully refuse you just for that. You have the right to fair treatment and to challenge unlawful discrimination.

Official Forms You Might Need

• Form UC1 (Universal Credit Application): If your housing situation changes or you need to prove your benefit status, you may be asked for evidence. You can print your Universal Credit statement from your online account as proof. See how to do this on the official Universal Credit: How to claim page.
• Complaint form to the Local Government and Social Care Ombudsman: If your council or housing association has treated you unfairly because of your benefit status, you can submit a complaint online using their official complaint form. For example, use this if your council refuses to assess your housing application because you're on benefits.
• Letting Agent Redress Complaint: All letting agents must be in a redress scheme. If you believe an agent has discriminated against you, use the redress scheme's online complaint form (such as the Property Redress Scheme complaints portal) to submit your case. Attach evidence like emails that show a "no benefits" policy was used.

Each of these forms has detailed instructions on its official site about how and when to use them. It's a good idea to keep copies of any communication with landlords or agents, as it may help if you need to escalate your complaint.

Who Handles Housing Disputes?

Disputes around residential tenancies in England are handled by the courts, but you can often resolve them by contacting your local council's housing team. For discrimination claims, the relevant tribunal is the First-tier Tribunal (Property Chamber). Tenants can also lodge complaints with the Housing Ombudsman for social housing or with the letting agent’s redress scheme for private rentals.

FAQ: Benefit Status and Renting in England

1. Can private landlords say 'No DSS' or refuse to let to tenants on benefits?
   No. It is likely unlawful for private landlords or letting agents to have a 'No DSS' or 'No benefits' policy, as this can amount to discrimination under the Equality Act 2010.^[1]
2. What should I do if an agent refuses to let to me because I'm on Universal Credit?
   Ask for their decision in writing, keep all evidence, and contact Shelter or your local council for advice. You can also file a complaint with their redress scheme.
3. Can councils refuse social housing applications because I get benefits?
   No. Councils cannot refuse you social housing solely because you receive benefits. Eligibility is based on housing need, not benefit status.
4. What forms can prove my benefit status if needed?
   You can provide a Universal Credit statement (from your UC account) or a letter confirming Housing Benefit. See the official Universal Credit site for instructions: Universal Credit: How to claim.
5. Who can help me challenge housing discrimination in England?
   Contact Shelter England, your local council, or (for social housing) the Housing Ombudsman. For lettings agents, use their redress scheme's complaints process.

Key Takeaways for Renters

• It is generally unlawful for landlords or agents to refuse to rent to you simply because you receive benefits.
• You have the right to challenge unfair "No DSS" or "No Benefits" policies—gather written evidence and seek advice promptly.
• For social housing, eligibility is based on need, not benefit status.

Always keep records of your communications and seek help early if you face discrimination.

Need Help? Resources for Renters

• Shelter England: No DSS and discrimination advice
• Universal Credit: How to claim
• Council housing and social housing application guidance
• Local Government and Social Care Ombudsman: Complaint process
• Housing Ombudsman Service
• First-tier Tribunal (Property Chamber)

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1. County court case: Court cases on 'No DSS' discrimination, Shelter England summary, and the Equality Act 2010
2. Housing Act 1988 and Rent Act 1977

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