Can Landlords Ask About Disability? Tenant Rights in Wales

If you’re renting in Wales and have a disability, you might wonder if landlords are allowed to ask about your condition. Understanding your rights is essential to make sure you’re treated fairly and legally, especially with strong discrimination protections in place under Welsh and UK law.

When Can a Landlord Ask About Disability?

In most circumstances, landlords in Wales are not allowed to ask about your disability unless there is a clear, legal reason for doing so. The main legislation covering this is the Equality Act 2010, which protects renters from discrimination and harassment because of disability¹. Asking about a disability without a valid reason—particularly if it influences rental decisions—may be considered unlawful discrimination.

Valid Reasons to Ask About Disability

• To provide reasonable adjustments (e.g., wheelchair access, adapted bathrooms)
• If the property is specifically adapted for certain needs and to confirm suitability
• To carry out health and safety checks (such as emergency evacuation planning)

Landlords cannot refuse to rent to you, charge higher rents, or place unfair conditions on your tenancy because of a disability.

Your Protection Against Disability Discrimination

Under the Equality Act 2010, it is illegal for landlords to:

• Ask intrusive questions about your disability during the tenant application process
• Refuse your tenancy or treat you differently because of your disability
• Fail to make reasonable adjustments for disabled tenants

Reasonable adjustments could include changes to a tenancy agreement, or physical changes to the property to help with accessibility, provided they are reasonable for the landlord to make.

What to Do If You Face Disability Discrimination

If you believe you’ve been unfairly treated by a landlord because of your disability in Wales, you have several options for action. Issues can often be resolved through open communication, but legal remedies are in place if needed.

Action Steps for Renters

• Keep Records: Save all communications and details of the incident.
• Raise the Issue Directly: Write to your landlord or letting agent explaining your concerns, citing the Equality Act 2010.

• Seek Advice: Contact organisations like Equality Advisory and Support Service or Shelter Cymru.
• Lodge a Formal Complaint: If unresolved, you can file a complaint with the Residential Property Tribunal Wales.

Relevant Official Forms for Wales

• Application to the Residential Property Tribunal Wales – RPTW Form T
  When to use: If your landlord fails to make reasonable adjustments or you’ve experienced discrimination, fill out RPTW Form T and submit it to the tribunal. For example, if a landlord refuses to allow changes needed for wheelchair access, you can use this form to begin a case.
  View and download official tribunal forms.

Which Tribunal Handles Discrimination Cases in Wales?

Disputes about residential tenancies—including discrimination claims—are handled by the Residential Property Tribunal Wales. This independent tribunal can decide on issues relating to unlawful landlord actions under the Renting Homes (Wales) Act 2016 and the Equality Act 2010^2,3.

Frequently Asked Questions (FAQ)

1. Can a landlord refuse to rent to me because of my disability in Wales?
   No, this is unlawful discrimination under the Equality Act 2010. Landlords must treat all applicants fairly and cannot refuse a tenancy because of disability.
2. Are landlords responsible for making adjustments for disabled tenants?
   Yes, landlords have a duty to make reasonable adjustments to remove barriers for disabled renters, such as allowing adaptations or changes to the property.
3. What should I do if my landlord asks about my disability and I feel uncomfortable?
   You are not required to answer unless the request is linked to reasonable adjustments or health and safety. If it feels intrusive or discriminatory, keep records and seek advice from Shelter Cymru or the Equality Advisory and Support Service.
4. How do I start a case if I experience discrimination from my landlord?
   Complete the RPTW Form T and submit it to the Residential Property Tribunal Wales.

Conclusion: What Renters Should Know

• Landlords in Wales generally cannot ask about your disability except for specific, lawful reasons such as providing adjustments.
• The Equality Act 2010 protects against disability discrimination, with remedies available through official tribunals.
• If you face discrimination, clear steps exist for making a complaint and seeking support.

Knowing your rights as a renter helps you respond confidently if you’re ever asked about your disability by a landlord or letting agent.

Need Help? Resources for Renters

• Equality Advisory and Support Service – Free advice on discrimination and your rights
• Shelter Cymru – Housing advice and legal support for renters in Wales
• Residential Property Tribunal Wales – To lodge complaints or resolve disputes
• UK Government: Discrimination and Your Rights
• Equality Act 2010 (full legislation)
• Renting Homes (Wales) Act 2016 (full legislation)

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1. See the Equality Act 2010 for anti-discrimination duties in housing.
2. Residential property disputes in Wales: Residential Property Tribunal Wales.
3. Welsh tenancy law: Renting Homes (Wales) Act 2016.

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