Understanding Housing Discrimination Laws in England

Renters in England can sometimes worry about being treated unfairly because of who they are. If you’re concerned about discrimination or have faced unfair housing practices, it’s important to know your rights under English law, how the law protects you, and what steps you can take to make sure you’re treated fairly.

What Is Discrimination in Housing?

Discrimination in housing happens when a landlord, letting agent, or anyone connected to renting treats someone unfairly because of a protected characteristic, such as race, gender, disability, or religion. In England, the law that covers this is the Equality Act 2010 (Part 4)^[1], which specifically addresses discrimination in the context of housing.

Protected Characteristics Under the Law

The Equality Act 2010 makes it illegal to discriminate against someone based on the following:

• Race, ethnicity, or nationality
• Sex or gender
• Disability (including physical and mental health conditions)
• Religion or belief
• Sexual orientation
• Gender reassignment
• Pregnancy or maternity
• Age
• Marriage or civil partnership status

Landlords must not refuse to let a property to you, offer less favourable terms, or treat you unfairly during your tenancy because of any of these characteristics.

Examples of Illegal Discrimination

Examples that may amount to unlawful discrimination include:

• Refusing to rent to someone because of their ethnicity
• Charging higher rent due to your sexuality or religion
• Not making reasonable adjustments for a disability, such as allowing guide dogs or adapting property access
• Evicting you or refusing repairs because you are pregnant

For more information on what counts as discrimination, visit the official government guidance on housing discrimination.

Your Rights as a Renter in England

As a renter, you have the legal right to:

• Be treated fairly during property searches, applications, and your tenancy
• Request reasonable adjustments if you have a disability
• Access complaint and tribunal processes if you face discrimination

If you feel you’ve been discriminated against, keep a record of what happened. Written evidence or emails can help if you decide to take action.

How to Take Action If You Experience Housing Discrimination

Challenging discrimination can feel daunting, but there are clear steps you can take. Here’s what you should do:

• Speak to your landlord or letting agent first and explain your concerns calmly
• If the issue isn’t resolved, send a formal written complaint
• If you are still treated unfairly, consider contacting your local council or a support charity
• As a last resort, you may be able to make a claim through the courts or a tribunal

Relevant Official Forms and How to Use Them

• Form N1: Claim Form (Part 7) — Used to make a claim in the county court (for example, for unlawful discrimination). You might use this if complaints and mediation have not worked, and you wish to take formal legal action. The N1 Claim Form provides instructions and submission details.
  Example: If your landlord has refused to consider adjustments for your disability, and informal complaints haven’t resolved the issue, you can submit Form N1 to start a claim.
• Equality Advisory Support Service (EASS) Enquiry Form — Not a legal claim form, but this official EASS online enquiry form allows you to get free advice on discrimination cases before going to court or tribunal.

Which Tribunal Handles Discrimination Cases?

Most housing discrimination cases in England are heard in the County Court. For disputes involving tenancy terms, you can also contact the Residential Property Tribunal, though discrimination claims are usually a matter for the County Court.

Key Legislation Protecting Renters

• Equality Act 2010 (Part 4: Premises) — outlines your legal protections for renting and living in a property^[1]
• Housing Act 1988 — sets out tenancy rights and rules for assured and assured shorthold tenants^[2]

Frequently Asked Questions

1. Is housing discrimination illegal in all situations in England?
   Not every decision a landlord makes is discrimination, but it is illegal if it is based on protected characteristics defined by the Equality Act 2010.
2. Can a landlord refuse me because I have children?
   No, refusing to rent solely because you are pregnant or have children may be unlawful discrimination under the Act.
3. What should I do if I think I’ve been discriminated against?
   Keep detailed records, speak to your landlord, make a written complaint, then seek support from your local council or the EASS if not resolved.
4. Can I be asked to pay more rent because of my nationality?
   No, charging higher rent based on nationality, race, or ethnicity is unlawful and can be challenged through a complaint or the courts.
5. How long do I have to take action?
   Court actions for discrimination must generally be started within 6 months of the incident. It’s best to act as soon as possible.

Summary: What Renters in England Should Remember

• It is illegal for landlords or agents to discriminate against renters based on protected characteristics.
• If you experience discrimination, there are clear steps and official forms to challenge unfair treatment.
• Support and advice are available through government channels and the Equality Advisory Support Service.

Need Help? Resources for Renters

• GOV.UK: Discrimination in renting and letting
• Equality Advisory Support Service (EASS): 0808 800 0082 or online enquiry form
• Residential Property Tribunal
• Claim Form N1 for County Court
• Contact your local council housing department for additional support

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1. Official Equality Act 2010: Equality Act 2010, Part 4: Premises
2. Housing Act 1988: See Act

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