Is It Legal for Landlords in Wales to Refuse Tenants on Benefits?

Finding a home to rent in Wales can be challenging, especially if you receive Housing Benefit or Universal Credit. Many renters worry about being refused by landlords just because they claim benefits. This article explains your legal rights, how the law protects you, and what to do if you face discrimination.

Understanding "No DSS" and Benefit Discrimination in Wales

Historically, some landlords and letting agents have included terms like “No DSS”, “No Housing Benefit”, or “No Universal Credit” in property adverts or applications. This is known as benefit discrimination. In Wales, as in the rest of the UK, this practice is now illegal.

What Does the Law Say?

According to the Equality Act 2010, it is unlawful for landlords or agents to indirectly discriminate against people with protected characteristics, including disability, sex, and family status. Refusing to let properties to those on benefits may indirectly discriminate, especially women and disabled renters who are statistically more likely to receive benefits.¹

Recent court cases in England affirmed that blanket bans against benefit claimants are discriminatory. While there is not yet a binding Welsh tribunal ruling, government guidance and case law strongly discourage the practice.²

Can a Landlord Ever Refuse Someone on Benefits?

Landlords can set reasonable criteria for tenants—such as affordability checks—but they cannot refuse someone solely because they receive benefits. Sometimes, mortgage lenders or insurers limit landlords’ options, but landlords must prove any refusal isn’t discriminatory.

How to Take Action If You Face Discrimination

If you believe a landlord or letting agent in Wales has refused you only because you receive benefits, there are several steps you can take:

• Gather evidence: Save any communications, adverts, or responses mentioning benefit restrictions.
• Contact the landlord or agent: Ask in writing for their reasons. Keep all responses.
• File a complaint: You can complain to the letting agent’s professional body or the local council’s Housing department.
• Escalate to the court or tribunal: For unresolved cases, you may be able to pursue a claim under the Equality Act 2010.

Tip: If you’re unsure whether you’ve been discriminated against, contact Welsh Government-funded housing advice or Shelter Cymru for free support and guidance.

Relevant Forms and Where to Use Them

• Form ET1 – Claim Form (Employment Tribunal)
  While usually for employment, this form can also be used for Equality Act claims against service providers, including landlords. If you decide to bring a discrimination claim, consult the official guidance.
  For example, if a letting agent refuses to consider your application due to benefits, and informal complaints fail, this form starts your legal claim.
• Local Council Housing Complaint Forms
  Many councils have online complaint portals. Visit your local council’s official website and search for “private renting complaint”.
  Example: Use if you want to report a letting agent’s advertising practices or discrimination to council enforcement officers.

The Welsh Tribunal for Housing and Discrimination Cases

In Wales, disputes relating to discrimination by landlords are often handled under the Equality Act 2010 through the County Court rather than a dedicated housing tribunal. However, general housing disputes and disagreements about tenancies may be resolved by the Residential Property Tribunal Wales.

Summary: Legal protections for tenants in Wales make it unlawful for landlords to refuse applications solely because renters are on benefits, and several official channels exist for complaints and resolution.

FAQ: Renters' Questions About Benefits Discrimination

1. Can my landlord or letting agent advertise 'No DSS' or 'no benefits' in Wales?
   No. Advertising a property with blanket bans like “No DSS” or “no benefits” is considered indirect discrimination and is unlawful under the Equality Act 2010.
2. What if a landlord says their mortgage or insurance company forbids benefit tenants?
   Landlords should seek alternative products if possible. Ultimately, each case is unique, but a landlord cannot routinely refuse renters because of benefits and should prove any exception is justified and not discriminatory.
3. How can I prove I've been discriminated against due to being on benefits?
   Keep copies of adverts, emails, or text messages, and request written confirmation of the landlord’s reasons. Written evidence is crucial if making a complaint or claim.
4. Who can help me if I think I've faced unlawful discrimination?
   You can contact your local council, Shelter Cymru, or the Equality Advisory Support Service for advice, and if unresolved, seek assistance from the County Court or Residential Property Tribunal Wales.
5. Is refusing me because I'm on benefits the same as refusing for affordability?
   No. Landlords can check if you can afford the rent, but can’t reject an application based solely on benefit source. Refusals must be reasonable and non-discriminatory.

Conclusion

• It’s unlawful in Wales for landlords or agents to refuse renters solely for being on benefits.
• Discrimination complaints can be made to local councils, the tribunal, or courts.
• Keep written evidence and seek advice if you believe you’ve been treated unfairly.

Knowing your rights helps you challenge unfair treatment and secure stable, safe housing.

Need Help? Resources for Renters in Wales

• Government Guidance: Renting privately as a tenant
• Welsh Government: Housing Advice
• Shelter Cymru: Free Housing Advice
• Residential Property Tribunal Wales – for tenancy and housing dispute resolutions
• Equality Advisory Support Service – for discrimination support and guidance
• Contact your local authority for complaints or enforcement support

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1. See Equality Act 2010.
2. Refer to official UK government guidance on renting to benefit claimants.

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