Race and Religion Discrimination for Renters in Wales

If you rent in Wales, it's important to know your rights when it comes to discrimination by landlords. Many renters ask whether it's legal for a landlord to refuse an application or end a tenancy based on someone's race or religion. This article explains what the law says in Wales, which protections exist, and what steps you can take if you believe you've faced discrimination.

Understanding Discrimination in Welsh Housing Law

Welsh landlords must follow UK anti-discrimination law. This means they cannot treat renters or applicants unfairly because of protected characteristics, which include race and religion or belief. These rights are established by the Equality Act 2010.¹

• Race covers colour, nationality, and ethnic or national origins.
• Religion or Belief covers any religious or philosophical beliefs, or none.

This means a landlord cannot legally:

• Refuse to rent to you because of your race or religion
• Set different terms (like higher rent or extra deposits) for you based on these reasons
• Evict you or treat you less favourably because of your race or religion

Key Legislation in Wales

In addition to the Equality Act 2010, renting in Wales is covered by the Renting Homes (Wales) Act 2016. This law outlines your rights as a contract-holder (tenant) and how you can enforce them.²

What Counts as Illegal Refusal?

A landlord's refusal is illegal if it's based even in part on your race, colour, ethnic background, or your religion or beliefs. They might claim another reason, but if you have evidence of discrimination (such as messages, adverts, or statements), this can support your case.

What to Do if You Experience Discrimination

If you believe a landlord has refused to let or renew a tenancy based on race or religion, you have the right to challenge this behaviour.

• Keep a record: Save emails, text messages, adverts or notes from calls that may show discrimination.
• Raise your concerns: Consider contacting the landlord or letting agent to address the issue directly. You may wish to do this in writing for your records.
• Seek advice: You can contact Equality Advisory Support Service or a Welsh housing charity for support.
• Make a formal complaint through the Ombudsman or pursue a claim in court or tribunal if informal resolution isn’t successful.

Official Forms and Procedures for Challenging Discrimination

There isn’t a unique housing tribunal in Wales for claims about discrimination by private landlords; discrimination claims usually go to a civil court. However, complaints about housing providers can also be made to the Public Services Ombudsman for Wales if the landlord is a housing association or local authority.

• ET1 Claim Form (Employment Tribunal, but also used for discrimination claims)
  Use this if you are challenging discrimination by a housing provider via tribunal. Fill out the form to specify the details of your discrimination claim, including supporting evidence. See official ET1 form and instructions. Example: If your local council or housing association has discriminated against you, you may use this process.
• Complaint Form – Public Services Ombudsman for Wales
  Use this if raising a complaint about a housing association or council (not a private landlord). Submit a complaint here. Example: If your council refused to consider your housing application due to your faith.

For most private landlord discrimination cases, you may need to make a discrimination claim in a county court under the Equality Act 2010.

Who Handles Housing Disputes?

Housing disputes in Wales—apart from those handled by the Ombudsman—are usually resolved in the county courts or sometimes heard by the Residential Property Tribunal Wales for certain issues (for example, property condition or rent disputes, but not discrimination claims directly).

FAQ

1. Can a landlord in Wales legally refuse to rent to me because of my race or religion?
   No, under the Equality Act 2010, this is unlawful discrimination and you have the right to challenge it.
2. What evidence do I need to prove a discrimination claim?
   You should keep all communications that suggest refusal based on your race or religion, such as emails, texts, adverts, or written statements.
3. Can the Residential Property Tribunal Wales deal with all discrimination cases?
   No, most discrimination claims are dealt with in county courts; the tribunal deals with property condition, rent, and some tenancy matters.
4. How do I complain about a council or housing association discriminating against me?
   You can use the Ombudsman’s complaint form if informal complaints don’t resolve the issue.
5. Is it still unlawful if the landlord uses other reasons to cover up discrimination?
   Yes, if you have evidence that the true reason is based on race or religion, it is still illegal discrimination.

Conclusion: Key Takeaways

• Landlords in Wales cannot legally refuse or evict tenants based on race or religion.
• Evidence—such as communications or statements—is vital when making a claim.
• Support is available from Citizens Advice, Shelter Cymru, and the Equality Advisory Support Service.

Knowing where to turn for help can make challenging discrimination easier and more effective.

Need Help? Resources for Renters

• Discrimination and Your Rights (gov.uk)
• Equality Advisory Support Service (EASS): Free helpline and guidance
• Shelter Cymru: Housing advice and support in Wales
• Citizens Advice Wales on Housing Discrimination
• Public Services Ombudsman for Wales: For complaints against councils/housing associations
• Residential Property Tribunal Wales: For property/rent disputes

1. Equality Act 2010
2. Renting Homes (Wales) Act 2016