LGBTQ+ Tenant Rights and Protections in England

If you rent a home in England and identify as LGBTQ+, it’s essential to understand your rights regarding discrimination and fair treatment. The law in England protects tenants from unfair treatment based on sexual orientation or gender identity. This guide explains these rights, what to do if you experience discrimination, and how to access the support you need.

Your Rights as an LGBTQ+ Tenant

In England, it is illegal for landlords or letting agents to discriminate against you because of your sexual orientation or gender reassignment. This protection applies when you are:

• Looking for somewhere to rent
• Living in a rented property
• Dealing with renewals, maintenance, or tenancy issues

These protections come from the Equality Act 2010, which lists sexual orientation and gender reassignment as ‘protected characteristics’ under the law¹.

What Counts as Discrimination?

Discrimination can occur in many forms, including:

• Refusing to let you view or rent a property because you are LGBTQ+
• Harassment, such as offensive comments about your sexuality or gender
• Providing worse terms or services than for other tenants
• Evicting or threatening to evict you based on your identity

You have the right to enjoy your home and access repairs or maintenance like any other tenant. Your landlord cannot treat you less favourably or refuse repairs due to your sexual orientation or gender identity.

How to Respond to Discrimination

If you experience discrimination as an LGBTQ+ tenant, you have several options:

• Speak directly to your landlord or agent, and ask for the unfair behaviour to stop
• Raise the issue in writing, explaining how you have been discriminated against
• If the issue continues, you can:
• Complain to your local council’s housing department (find your local council)
• Submit a complaint using the government's report a problem with a landlord form
• Apply to the First-tier Tribunal (Property Chamber) if your case involves tenancy agreements or housing conditions

For severe or repeated discrimination, you may consider making a formal legal complaint or claim through the courts.

Relevant Forms and How to Use Them

• Equality Act Discrimination Claim Form (Form N1)
  When and how to use: Use Form N1 to begin a discrimination claim in the County Court, if all other methods fail. For example, if your landlord evicts you because of your gender identity, you can submit this form.
  Official Form N1: Claim Form
• Complaint to the Local Council
  When and how to use: Use your council's online complaint form to alert them about discrimination or unsafe housing conditions. Find your local council using the find your local council tool.

The First-tier Tribunal (Property Chamber) handles tenancy disputes in England, including issues around housing conditions and some types of unfair evictions.²

What If You Face Harassment?

Harassment can include repeated unwanted behaviour, insults, or threats because of your LGBTQ+ status. This is also covered under the Equality Act 2010 and may also be a criminal offence depending on the nature of the harassment.

• Report harassment to your landlord or agent if safe to do so
• Contact your local council for support
• In emergencies or if you feel threatened, contact the police (non-emergency: 101, emergency: 999)

If you’re not sure where to start, many local councils offer housing advice teams trained to help in discrimination and harassment cases.

Action Steps for Challenging Discrimination

• Document any incidents with dates, times, and details
• Communicate with your landlord or agent in writing
• Contact your local council for advice or to make a formal complaint
• Consider submitting Form N1 if you plan to take legal action
• If disputes involve repairs, the First-tier Tribunal (Property Chamber) can often assist

Your local council’s housing team can offer confidential advice and intervene if necessary. It’s also your legal right, under the Equality Act 2010, to have your case heard if you believe you’ve faced unlawful discrimination.

FAQ: LGBTQ+ Tenants and Discrimination

1. What should I do if my landlord makes homophobic or transphobic comments?
   If you experience harassment, keep a record, inform your landlord or letting agent in writing, and contact your local council's housing department for further support if it continues.
2. Can my landlord refuse to rent to me because I am LGBTQ+?
   No. Refusing to rent to someone on the basis of their sexual orientation or gender identity is illegal under the Equality Act 2010.
3. What is the Equality Act 2010 and how does it protect renters?
   The Equality Act 2010 is UK-wide legislation that protects tenants from discrimination due to protected characteristics, including sexual orientation and gender reassignment.
4. Which tribunal should I contact for tenancy disputes in England?
   The First-tier Tribunal (Property Chamber) handles most residential tenancy disputes in England.
5. What form do I use to start a discrimination claim?
   Use Form N1 (Claim Form) for discrimination claims under the Equality Act 2010 in the County Court.

Conclusion

• The Equality Act 2010 protects LGBTQ+ tenants in England from discrimination and harassment.
• If you experience unfair treatment, document it and contact your local council or take legal action with the appropriate forms.
• The First-tier Tribunal (Property Chamber) and County Courts are available to support with disputes and claims.

Understanding your rights can help you feel safe and supported in your home.

Need Help? Resources for Renters

• Discrimination: Your Rights (GOV.UK)
• Private Renting: If you have problems with your landlord
• Find your local council
• Form N1 Claim Form
• First-tier Tribunal (Property Chamber)

---

1. See the Equality Act 2010
2. See information on the First-tier Tribunal (Property Chamber)

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation