Can Benefit Issues Affect Your Right to Housing in Wales?

Benefit issues can be a real concern for renters searching for a home or trying to keep one. If you receive Housing Benefit or Universal Credit in Wales, you might wonder if a landlord can turn you away, or if benefit problems could risk your tenancy. This article explores your rights as a renter in Wales, with clear explanations of the law, key forms, and steps you can take.

Renting in Wales: Understanding Benefit Issues

Many renters in Wales rely on Housing Benefit or Universal Credit to pay the rent. Some landlords claim they don’t accept tenants on benefits, which has been called “No DSS” discrimination. Here’s what Welsh law and guidance say:

• Private landlords are not allowed to discriminate against you just because you claim, or have issues with, benefits.
• If you live in social housing (like council or housing association homes), benefit changes can affect your rent payments, but your landlord must follow specific rules before taking action.

Let’s break down what these protections mean, and what to do if you’re affected.

What Is ‘No DSS’ or Benefit Discrimination?

‘No DSS’ refers to adverts that say tenants on benefits are not accepted. In Wales (and throughout the UK), such policies can be considered indirect discrimination, especially if they disproportionately affect women or disabled people. In 2020, courts ruled that blanket bans on renting to benefit claimants are likely unlawful under the Equality Act 2010.

Learn more about your rights as a private renter.

Can a Landlord Refuse You for Being on Benefits?

Landlords in Wales should assess each applicant fairly. They cannot automatically refuse to rent to you just because you claim benefits. However, they may still run checks, such as affordability or credit checks. If you think you have been treated unfairly:

• Keep a copy of any adverts, emails, or messages showing ‘No DSS’ language
• Contact the Equality and Human Rights Commission if you believe you’ve experienced discrimination

What About Social Housing or Council Tenancies?

Social housing landlords in Wales must also treat all applicants fairly and follow strict rules regarding allocation and eviction. Local councils use the Housing (Wales) Act 2014 when allocating homes¹.

If you fall behind on rent due to benefit delays or problems, it’s important to tell your landlord straight away. Social landlords are required to support tenants and follow specific procedures before starting eviction.

Key Forms and Procedures if Facing Housing Issues

If your tenancy is at risk because of benefit issues, certain official forms and steps may be involved:

• Notice Seeking Possession (Section 173) – Used by landlords in Wales to regain possession of a periodic Standard Contract. Your landlord must follow strict rules when serving this notice. See more at the UK government’s official guidance.
• Form RHW6: ‘How to end your occupation contract’ – Tenants in Wales use this to formally end their occupation contract. For example, if you secure alternate housing after resolving benefit issues. Official form and guidance available at the Welsh Government: Ending your occupation contract.

Your Rights Under Welsh Housing Law

The Renting Homes (Wales) Act 2016 sets out the main rules for private and social renters in Wales². It covers:

• Your right to written information about your contract
• What happens if there are rent arrears
• The correct procedure for ending contracts (by landlord or renter)

Eviction due to benefit issues must always follow a legal process – you cannot be evicted immediately or without notice.

The main tribunal handling housing disputes in Wales is the Residential Property Tribunal for Wales.

What to Do If You’re Denied Housing Due to Benefits

If you’re told you can’t rent a property because of your benefits, or you receive an unfair eviction notice, take these steps:

• Gather evidence (adverts, written responses, tenancy documents)
• Contact your local council (find your Welsh local authority) for housing support and to report possible discrimination
• Consider seeking advice from Shelter Cymru or a free local advice agency
• If needed, you can make a formal complaint or (in serious cases) take legal action under the Equality Act 2010

Summary

While landlords may ask for references or additional checks, they should not refuse you just for being on benefits. Wales has clear rules protecting renters in these situations.

Frequently Asked Questions

1. Can my private landlord in Wales refuse to let me rent because I receive Universal Credit?
   No, blanket bans on benefit claimants are likely unlawful, and you have a right to be considered fairly.
2. What can I do if a letting agent advertises ‘No DSS’ in Wales?
   Keep a copy of the advert and contact your local council and the Equality and Human Rights Commission for support, as this may be discriminatory.
3. What happens if my Housing Benefit is delayed and I fall behind on rent?
   Tell your landlord as soon as possible. In social housing, they should work with you and cannot start eviction immediately without following the correct process.
4. Which tribunal in Wales deals with tenancy disputes?
   The Residential Property Tribunal for Wales handles disputes about rent, evictions, and other housing matters.
5. Where can I find the official legislation for renters’ rights in Wales?
   The Renting Homes (Wales) Act 2016 is the main law. Official text is available on the legislation.gov.uk website.

Key Takeaways for Renters in Wales

• Landlords must consider each tenant’s circumstances and cannot automatically refuse you for being on benefits.
• If you face discrimination or unfair treatment, gather evidence and contact support services right away.
• Eviction due to benefit issues always requires formal notice and must follow the law in Wales.

Need Help? Resources for Renters

• Official UK Government: Private renting rights
• Shelter Cymru: Free advice for renters in Wales
• Residential Property Tribunal for Wales
• Find your local council in Wales
• Equality and Human Rights Commission: Report discrimination

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1. Housing (Wales) Act 2014
2. Renting Homes (Wales) Act 2016

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