Can a landlord refuse to rent to me because I claim Universal Credit or Housing Benefit?

Landlords can check your ability to pay rent, but blanket bans against tenants on benefits may amount to indirect discrimination under the Equality Act 2010. It's best to ask the landlord for their criteria and seek advice if you believe you've been unfairly refused.

Is "No DSS" still legal in letting advertisements?

Most letting agents and platforms no longer allow "No DSS" wording, as courts have found it can lead to unlawful indirect discrimination, especially against women and disabled people. Always report discriminatory adverts to the relevant authorities.

What should I do if my letting agent excludes anyone on benefits?

Request their decision in writing, refer them to the Equality Act 2010, and consider seeking advice from Shelter or Citizens Advice. You may be able to challenge their policy.

What can I use as evidence in a discrimination claim?

Keep correspondence, listings, and notes of conversations. Screenshots of advertising or emails mentioning income restrictions are strong evidence.

Which forms will I need to start a discrimination claim?

You'll need Form N1 (Claim Form) for the County Court and may need Form EX160 if you require help with fees.

Income Discrimination and Renting: What Are Your Rights in England?

Discrimination, Harassment & Accessibility England published: June 29, 2025

Many renters in England worry about being denied a home because of their income source, whether that's salary, part-time work, or benefits. Understanding the legal limits on income-based discrimination can help you protect your rights and make informed choices in the rental market.

What Is Income-Based Discrimination in Private Renting?

Income-based discrimination happens when a landlord, letting agent, or other housing provider refuses to rent a property or sets unfair terms because of your income source or amount. This can include:

Refusing applications from anyone on benefits (such as Universal Credit, Housing Benefit, or Disability Living Allowance)
Requiring higher deposits or guarantors only for tenants on benefits
Banning "No DSS" or "No Benefits" renters regardless of affordability

While financial checks are common when renting, blanket bans or policies that indirectly discriminate against people protected by law might cross legal boundaries.

Is It Legal for Landlords to Refuse Tenants Based on Income?

In England, there are no specific laws that make income-based discrimination itself illegal. Landlords can generally choose tenants based on their ability to pay rent. However, the situation is more nuanced if income criteria indirectly results in discrimination against protected groups under the Equality Act 2010. For example:

Discrimination may be illegal if income policies disadvantage people with disabilities, single parents, or women (who are statistically more likely to receive certain benefits).
Courts have found that blanket "No DSS" policies could be unlawful indirect discrimination, especially if they impact women and disabled people disproportionately.

While landlords can ask for proof of income, benefit statements, or request guarantors, they should not operate inflexible, automatic bans against tenants on benefits. The government has cautioned letting agents and landlords against these practices. See the official guidance from gov.uk: Renting privately as a tenant.

Relevant Legislation

Equality Act 2010: Protects against discrimination based on certain characteristics.
Housing Act 1988: Governs most private tenancies in England, but does not specifically address income discrimination.

How Can Renters Challenge Income Discrimination?

If you believe you've been treated unfairly due to your income or receipt of benefits, you can raise the issue, especially if it links to a protected characteristic (e.g., disability or sex). Here are practical steps:

Ask the landlord or agent in writing why your application was rejected.
If a "No DSS" or "No Benefits" policy is used, remind them of the risks of indirect discrimination under the Equality Act 2010.
Contact Citizens Advice or Shelter for guidance.
As a last resort, consider making a formal complaint or claim of discrimination.

How to Start a Discrimination Complaint

You can file a discrimination complaint to the county court if informal steps fail. The official tribunal for most residential tenancy disputes in England is the First-tier Tribunal (Property Chamber). However, discrimination cases usually go to the county court.

Key Official Forms

Form N1 – Claim form
When to use: To start a civil claim, such as a discrimination case, in the County Court.
Example: If you've been refused a property solely due to receiving benefits, and informal complaints are unsuccessful.
Download Form N1 from gov.uk
Form EX160 – Application for fee remission
When to use: Request help with court fees if you have a low income or receive benefits.
Example: If you are starting a claim using Form N1 and cannot pay the court fee.
Download Form EX160 from gov.uk

Tip: Always keep copies of correspondence, advertisements, and application forms as evidence if you feel you have been discriminated against.

Action Steps for Renters Facing Income Discrimination

Gather evidence of rejection or discriminatory policy.
Contact the landlord or agent to discuss the decision.
Seek advice from an independent service like Citizens Advice or Shelter England.
If necessary, complete Form N1 and apply to the County Court.
Request fee remission on Form EX160 if you cannot afford court fees.

These steps can help you take action and understand the process.

Frequently Asked Questions

Can a landlord refuse to rent to me because I claim Universal Credit or Housing Benefit?
Landlords can check your ability to pay rent, but blanket bans against tenants on benefits may amount to indirect discrimination under the Equality Act 2010. It's best to ask the landlord for their criteria and seek advice if you believe you've been unfairly refused.
Is "No DSS" still legal in letting advertisements?
Most letting agents and platforms no longer allow "No DSS" wording, as courts have found it can lead to unlawful indirect discrimination, especially against women and disabled people. Always report discriminatory adverts to the relevant authorities.
What should I do if my letting agent excludes anyone on benefits?
Request their decision in writing, refer them to the Equality Act 2010, and consider seeking advice from Shelter or Citizens Advice. You may be able to challenge their policy.
What can I use as evidence in a discrimination claim?
Keep correspondence, listings, and notes of conversations. Screenshots of advertising or emails mentioning income restrictions are strong evidence.
Which forms will I need to start a discrimination claim?
You'll need Form N1 (Claim Form) for the County Court and may need Form EX160 if you require help with fees.