Reporting Disability Discrimination as a Renter in Wales

Living with a disability can make renting a home more challenging. If you are a renter in Wales experiencing disability discrimination from your landlord or letting agent, you have strong legal rights and clear paths to seek help. This article explains, in plain terms, how to recognise, document, and report disability discrimination under Welsh law.

Understanding Disability Discrimination in Housing

Disability discrimination in housing means being treated unfairly by a landlord or letting agent due to a physical or mental health condition considered a disability. The Equality Act 2010 protects renters in Wales from several types of discrimination, including:

• Direct discrimination: Refusing to rent, renew a tenancy, or provide services due to your disability.
• Indirect discrimination: Having rules or policies that disadvantage disabled tenants without a good reason.
• Failure to make reasonable adjustments: Not making changes (such as allowing a guide dog or providing accessible features) when it is reasonable to do so.

Discrimination can occur at any stage, from viewing a property to ongoing tenancy management or during maintenance requests.

Your Legal Protections in Wales

Welsh renters are protected by the Equality Act and the Renting Homes (Wales) Act 2016, which governs tenancies and rights specific to Wales. Both private and social landlords must comply with these laws. If you believe you have been discriminated against, you can take several steps to address it.

What to Do First: Recognise and Record the Discrimination

• Write down what happened, including dates, times, and names of those involved.
• Keep emails, texts, or written notes related to the incident.
• Ask any witnesses if they would be willing to confirm what they saw or heard.

How to Report Disability Discrimination

1. Raise the Issue with Your Landlord or Letting Agent

Start by making your complaint directly to your landlord or letting agency. You can do this in writing (an email is fine) and explain clearly how you feel you have been discriminated against. Ask for a formal response—landlords are required to deal with complaints appropriately.

2. Complain to Your Local Council

If your landlord does not resolve the issue, contact your local council's housing department. Councils in Wales have a duty to support renters facing discrimination and can intervene if necessary. Give them copies of your correspondence and your evidence.

3. Use the Official Complaint Form

• Form name: Equality and Human Rights Commission 'Discrimination and Human Rights Complaint Form' (no official form number)
• When/how used: Use this form if you want to notify the Equality and Human Rights Commission (EHRC) about discrimination by a landlord or letting agent in Wales. The form guides you through describing your complaint, evidence, and the outcome you seek. For example, a renter denied a reasonable adjustment (such as allowing an assistance dog) can set out the facts and submit this form.
• Access the official Complaint Form through the EHRC website

4. Take Legal Action: Applying to the County Court

If informal complaints don't resolve the matter, you can take the issue to court. Disability discrimination cases in Wales are generally handled by the First-tier Tribunal (Property Chamber) Residential Property or, for serious claims, the County Court.

• Form name: N1 Claim Form (County Court)
• When/how used: Use this form to start a civil claim for discrimination under the Equality Act. For example, if your landlord repeatedly refuses reasonable adjustments, causing harm, you can use this form to ask for compensation or a court order. Download the official form and guidance from the Ministry of Justice.

5. Get Independent Advice

If you are unsure about your case or how to complete forms, specialist support is available. The Equality Advisory and Support Service (EASS) offers free and confidential help for renters facing discrimination in Wales.

Your Rights to Reasonable Adjustments in Wales

Under the law, landlords are expected to make reasonable arrangements to help disabled tenants access and enjoy their home. This could include adjustments such as:

• Allowing a guide dog or assistance animal
• Giving extra time to respond to notices or information
• Agreeing to minor changes for accessibility (like grab rails)

If you request changes and are refused, you can use the steps above to complain and enforce your rights. Always put your requests in writing and ask your landlord to respond formally.

Official Bodies You Can Contact

• Equality and Human Rights Commission (EHRC)
• First-tier Tribunal (Property Chamber) Wales
• Your local council's housing department

Remember: You do not have to face discrimination alone. Official bodies and advice lines can guide you through the process and help you assert your legal rights.

Frequently Asked Questions

1. What counts as a disability under the Equality Act for renters in Wales?
   The Equality Act defines a disability as a physical or mental impairment that has a substantial and long-term negative effect on your ability to do normal daily activities. This covers many conditions; proof from a doctor may be helpful if your disability isn't visible.
2. What evidence do I need to report disability discrimination?
   Keep a record of all incidents, correspondence, and any witnesses. Documentary evidence such as emails, refusal letters, or notes of conversations will support your claim.
3. Which tribunal or court handles disability discrimination housing claims in Wales?
   The First-tier Tribunal (Property Chamber) Residential Property and the County Court can both handle housing discrimination cases in Wales depending on the nature and seriousness of the complaint.
4. Can my landlord evict me for making a disability discrimination complaint?
   Your landlord cannot lawfully evict you simply for making a discrimination complaint. Doing so may itself be unlawful victimisation under the Equality Act 2010.
5. What if my landlord refuses to make any adjustments for my disability?
   If your landlord refuses to consider or make reasonable adjustments, you can make a formal complaint and, if necessary, seek help from the Equality Advisory and Support Service or take legal action through the County Court.

Conclusion: Key Takeaways for Renters in Wales

• You are protected from disability discrimination under the Equality Act and Renting Homes (Wales) Act 2016.
• Keep detailed records and start by raising issues directly with your landlord or letting agent.
• Support is available; you can escalate complaints to your local council, the EHRC, or legal tribunals if needed.

No one should lose their home or feel unsafe because of a disability. By understanding your rights and following these steps, you can take action and find the right support.

Need Help? Resources for Renters

• Welsh Government: Housing Rights and Support
• Equality Advisory and Support Service (EASS)
• Equality and Human Rights Commission (EHRC)
• Find your local council in Wales
• First-tier Tribunal (Property Chamber) Wales

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1. Equality Act 2010
2. Renting Homes (Wales) Act 2016
3. First-tier Tribunal (Property Chamber) Residential Property
4. Equality and Human Rights Commission (EHRC)
5. County Court N1 Claim Form

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