Tenant Rights on Discrimination in HMOs: Northern Ireland

Facing discrimination in your shared rental home (HMO) can be distressing. If you rent a room or share facilities in Northern Ireland, it's important to know what protections exist and how you can respond when treated unfairly. This guide will explain the law, your rights, ways to challenge discrimination, and where to get help.

What is Discrimination in HMOs?

Discrimination happens when someone is treated unfairly or less favourably because of characteristics such as race, disability, gender, religion, sexual orientation, or age. Under Northern Ireland law, it is illegal for landlords or letting agents to discriminate against tenants in Houses in Multiple Occupation (HMOs) at every stage – from advertising rooms to actually living in the property.

• Refusing to rent to you because of your ethnicity, religion, or disability
• Providing worse facilities or terms based on your sex or sexual orientation
• Allowing or perpetrating harassment from other tenants or agents
• Failing to make reasonable adjustments for disabled tenants

The relevant protections come from the Human Rights Act 1998 and several pieces of equality legislation, including the Race Relations (Northern Ireland) Order 1997 and the Disability Discrimination Act 1995.^1,2,3

The Law: Your Rights as an HMO Renter

Northern Ireland’s HMO tenants have legal protection from discrimination mainly under:

• Disability Discrimination Act 1995: Right to request reasonable adjustments to the property or procedures
• Race Relations (Northern Ireland) Order 1997: Protection against race-based discrimination
• Sex Discrimination (Northern Ireland) Order 1976
• Human Rights Act 1998
• Houses in Multiple Occupation Act (Northern Ireland) 2016: Sets standards for the management of HMOs

Landlords must not refuse to rent, evict, or treat someone differently because of protected characteristics. This includes advertising, agreeing tenancies, repairs, and renewal options.

What Counts as a House in Multiple Occupation?

An HMO is accommodation shared by three or more people from two or more households (not a family), like bedsits or shared flats. All HMOs must be registered and meet safety and management standards set by the Northern Ireland Housing Executive (NIHE).⁴

How to Challenge Discrimination: Practical Steps

If you believe you've been discriminated against in your HMO, there are steps you can take to protect your rights and seek redress.

• Document everything: Keep records of emails, messages, notices, or incidents.
• Speak to your landlord or letting agent to see if the situation can be resolved informally first.
• Raise a formal complaint with your landlord or the managing agent in writing.
• If the issue concerns management or harassment, contact the NIHE HMO Unit for guidance.
• Certain discrimination complaints may be taken to the Equality Commission for Northern Ireland.
• If unresolved, you may make a claim to the Northern Ireland Courts and Tribunals Service for redress.

For disability discrimination (e.g., refusal to make reasonable adjustments), you can fill out a Disability Discrimination Complaint Form used by the Equality Commission. Form: ECNI Disability Discrimination Complaint Form

• When to use: If you have asked for adjustments and your landlord has refused or not responded.
• How to use: Complete and submit to the Equality Commission NI as soon as possible after the incident. Download the ECNI Disability Discrimination Complaint Form (PDF)

For issues around standards, licensing, or management in your HMO, you can also report concerns directly to the NIHE HMO Unit, using the online complaints form or by contacting them for advice.⁴

What Action Can the Tribunal Take?

For most tenancy issues, including discrimination in an HMO, claims are handled by the Northern Ireland Courts and Tribunals Service (which includes the County Court for discrimination complaints). The court or tribunal can order the landlord to stop the discrimination, pay compensation, or require changes to procedures.

FAQs on HMO Discrimination

1. What is classed as discrimination in an HMO in Northern Ireland?
   Discrimination includes unfair treatment based on race, disability, gender, religion, or other protected characteristics – such as refusal to rent, eviction, or different terms.
2. Who enforces HMO standards and investigates complaints?
   The Northern Ireland Housing Executive HMO Unit is responsible for licensing and standards. Discrimination complaints may also go to the Equality Commission or County Court.
3. Can my landlord evict me for complaining about discrimination?
   Your landlord cannot lawfully evict you or treat you less favourably for raising a discrimination complaint. Any eviction must still follow due legal process and notice periods.
4. What forms do I need to challenge disability discrimination?
   You should use the ECNI Disability Discrimination Complaint Form to submit your complaint to the Equality Commission Northern Ireland. Further evidence may be needed if the case proceeds to court.
5. Is there a time limit for making a discrimination complaint in an HMO?
   Yes, you usually have 6 months from the date of the incident to file a complaint with the Equality Commission or Court, so do not delay.

Conclusion: Key Takeaways

• Your rights as an HMO renter in Northern Ireland include strong protections against discrimination.
• If you face unfair treatment, document everything and seek advice from NIHE or the Equality Commission NI quickly.
• Official forms and services are available to help you challenge unlawful behaviour by landlords or agents.

Remember, you do not have to deal with discrimination or harassment alone – support is available.

Need Help? Resources for Renters

• NIHE HMO Unit – Regulatory body for HMOs, complaints, licensing
• Equality Commission for Northern Ireland – Support and complaint forms for discrimination
• Citizens Advice Northern Ireland: Housing – Free advice for renters
• Northern Ireland Courts and Tribunals Service – For legal action and small claims

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1. Relevant discrimination law: Human Rights Act 1998
2. Race Relations (Northern Ireland) Order 1997
3. Disability Discrimination Act 1995 (NI)
4. Northern Ireland Housing Executive HMO information

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