Discrimination Rights for HMO Tenants in England

If you live in a House in Multiple Occupation (HMO) in England, it's important to know your rights regarding discrimination and fair treatment. HMOs—such as shared houses or bedsits—can present unique challenges, as multiple unrelated tenants live under one roof and may face unequal treatment from landlords or other tenants. This article explains what counts as discrimination, the legal protections available, and what steps you can take if your rights are breached.

Understanding Discrimination in HMOs

Discrimination in rental properties—including HMOs—is when someone is treated unfairly based on certain protected characteristics under the Equality Act 2010. For HMO tenants in England, the law protects against unfair treatment (such as harassment or refusal of services) due to:

• Race, nationality, or ethnic origin
• Sex or sexual orientation
• Gender reassignment
• Religion or belief
• Disability
• Pregnancy or maternity
• Age (in some cases)
• Marital or civil partnership status

Landlords, letting agents, and, at times, other tenants must not treat you less favourably because of any of these traits. This includes how tenancy is offered, eviction decisions, repair handling, and daily living conditions.

Your Rights as an HMO Tenant

In England, your rights are protected by the Housing Act 1988 and the Management of Houses in Multiple Occupation (England) Regulations 2006. These laws, combined with the Equality Act, ensure:

• You cannot be turned down for an HMO room for discriminatory reasons
• Repairs and services must not be refused or delayed based on a protected characteristic
• You have the right to peaceful enjoyment of your home without harassment or victimisation

If you believe you’ve been discriminated against, you can take action.

Examples of Discrimination in HMOs

• A landlord refuses to renew your tenancy after learning about your religion
• A letting agent advertises 'No DSS, No Children, No Foreigners'
• Repairs are repeatedly neglected for tenants of a certain ethnicity
• You are harassed by another tenant, and your landlord does nothing

Reporting Discrimination: Steps to Take

If you feel you have been discriminated against in your HMO, follow these steps:

• Keep records: Document all incidents, communications, and evidence
• Raise your complaint in writing: Clearly state the issue to your landlord or agent and ask for a response
• Contact your local council's housing or private rented sector team (find your council)
• If there's no resolution, consider legal action or reporting to an official housing tribunal

Official Forms for Reporting or Challenging Discrimination

• Form ET1: Employment Tribunal Claim Form (also used for some discrimination claims involving accommodation if a letting arrangement is tied to employment).
  Example: If you work for your landlord in exchange for accommodation, and believe you were evicted due to a protected characteristic, use Form ET1 to make a discrimination claim.
  Official ET1 form and details
• County Court N1 Claim Form: Used to bring a discrimination claim under the Equality Act 2010 if settlement is not reached.
  Example: If your landlord refuses you repairs due to your disability, you may use the N1 Claim Form to start court proceedings for unlawful discrimination.

Before going to court, it's recommended to seek advice, try to resolve the issue informally, and consider local council support, as legal action can be complex and may incur costs.

If you’re not sure which form or process to use, contact your local council’s housing team or use free services like Citizens Advice or Shelter for guidance.

Relevant Tribunal or Court for HMO Discrimination Complaints

Most housing discrimination complaints in England are handled by the local County Court. For certain tenancy disputes, especially relating to repairs or eviction, the First-tier Tribunal (Property Chamber – Residential Property) may also be involved. Check the HM Courts & Tribunals Service for guidance on which applies to your case.

FAQ: Common Questions from HMO Tenants

1. What is a House in Multiple Occupation (HMO)?
   In England, an HMO is a property shared by three or more people forming more than one household, who share facilities like a kitchen or bathroom.
2. Can my landlord refuse to rent to me because of my ethnicity or religion?
   No. This is unlawful discrimination under the Equality Act 2010 and you have legal grounds to challenge it.
3. What can I do if another tenant is harassing me and the landlord does nothing?
   Report the issue in writing to your landlord and local council, and keep detailed records. You may also be able to seek support from the police or take legal action if harassment continues.
4. Is 'No DSS' advertising allowed?
   No. Blanket bans by landlords or letting agents against tenants on benefits ('No DSS') have been found to be discriminatory and are not lawful.
5. Where can I get help with discrimination in my HMO?
   Contact your local council, Citizens Advice, Shelter, or use official government guidance for advice and practical support.

Key Takeaways

• HMO tenants in England are protected against discrimination by law.
• Keep records and seek early advice if you believe your rights have been breached.
• Several official forms and tribunals can support your case, but local council services should be your first step.

Need Help? Resources for Renters

• Shelter England: Discrimination in Housing
• Citizens Advice: Discrimination in Housing
• GOV.UK: Discrimination when renting
• Equality Advisory and Support Service (EASS)
• Find your local council housing team

1. Equality Act 2010
2. Housing Act 1988
3. Management of Houses in Multiple Occupation (England) Regulations 2006
4. First-tier Tribunal (Property Chamber – Residential Property)
5. County Court Form N1
6. Employment Tribunal: Form ET1