Tenant Rights on Discrimination in Welsh HMOs

If you rent a room or share facilities in a House in Multiple Occupation (HMO) in Wales, it’s important to know your rights regarding discrimination. Living in an HMO can present unique challenges, but the law provides you with strong protections against unfair treatment. This article explains what counts as discrimination, how the law applies in Wales, and what steps you can take if you think your rights have been breached.

Understanding Discrimination in HMOs

Discrimination means being treated unfairly or less favourably because of certain protected characteristics. In Wales, these are legally set out in the Equality Act 2010.

• Race or ethnicity
• Sex or gender
• Disability
• Religion or belief
• Sexual orientation
• Pregnancy or maternity
• Gender reassignment
• Age
• Marriage or civil partnership (in some cases)

You are protected against discrimination from your landlord, their agents, or other tenants in the HMO when your landlord fails to address the issue.

What Is an HMO?

An HMO is a property where at least three unrelated tenants share facilities like kitchens or bathrooms. In Wales, HMOs must be licensed and meet certain standards to be legal. HMOs and all tenants within them are protected by Welsh law, including specific housing and equality legislation.¹

Your Legal Protections as a Tenant in Wales

Several laws protect renters in Wales from discrimination and harassment. Most notably:

• Renting Homes (Wales) Act 2016 – sets the rights and responsibilities for landlords and contract-holders (the legal term for tenants in Wales).
• Equality Act 2010 – prohibits discrimination in housing and rental arrangements.

These laws ensure you cannot be denied a tenancy, evicted, or treated unfairly because of a protected characteristic.

Examples of Discriminatory Practices in HMOs

• Denying a room to someone of a certain race or religion
• Imposing higher deposits or rents based on your sexuality, disability, or ethnicity
• Failing to make reasonable adjustments (like for someone with a disability)

If you believe you have experienced any of these, you have the right to take action.

What To Do If You Experience Discrimination

If you think you've been discriminated against as an HMO tenant in Wales, there are clear steps you can take. Acting quickly helps protect your rights.

Step 1: Keep Written Records

• Write down what happened, with dates and details
• Save any messages, emails, or notes relating to the incident

Step 2: Raise the Issue Formally

• Contact your landlord or managing agent in writing, stating your concerns and asking them to investigate or resolve the issue
• If the issue is with another tenant, request your landlord intervene if it affects your rights

Step 3: Make a Formal Complaint or Seek Help

• If your landlord is licensed (as required in Wales), you can submit a complaint via Rent Smart Wales.
• For issues of unaddressed discrimination, you may also report to your local council’s housing department, who enforce HMO standards.

Step 4: Apply to the Tribunal (Residential Property Tribunal Wales)

If the dispute cannot be resolved with your landlord, you can apply to the Residential Property Tribunal Wales (sometimes known as the Rent Assessment Committee) for certain complaints, like a landlord’s failure to comply with legal duties.

• Residential Property Tribunal Wales – handles housing disputes, including discrimination claims if linked to renting

You can use Application Form RHW19: ‘Application to the Residential Property Tribunal’ to make a discrimination complaint or other tenancy dispute.²

• Download RHW19 and guidance

When and how to use RHW19: If you believe your landlord or agent has breached housing duties or allowed discrimination to continue, complete this form, provide your supporting evidence, and send it to the Tribunal. For example, if you were evicted after reporting harassment related to your gender, you would use RHW19 to challenge the eviction as potentially discriminatory.

Reasonable Adjustments for Tenants with Disabilities

Under the Equality Act, landlords must consider 'reasonable adjustments' for disabled tenants. This could include changing a tenancy agreement to allow guide dogs or adapting communal areas. If your landlord refuses unreasonably, this may count as discrimination.

In summary, clear evidence and understanding official steps will help you assert your rights if faced with discrimination as an HMO renter in Wales.

Frequently Asked Questions

1. What counts as discrimination in a Welsh HMO?
   Discrimination includes being denied tenancy, unfairly evicted, harassed, or refused repairs or reasonable adjustments because of a protected characteristic, such as race, disability, or religion.
2. How can I complain about discrimination in my HMO?
   First, write to your landlord or agent detailing your concern. If unresolved, you can report the issue to Rent Smart Wales, your local council, or apply to the Residential Property Tribunal Wales using the RHW19 application form.
3. What official form do I use for a housing discrimination tribunal application?
   Use RHW19, the 'Application to the Residential Property Tribunal'. Attach evidence like emails or witness statements, then submit according to guidance on the Tribunal’s site.
4. Do landlords have to make adjustments for disabled tenants?
   Yes. Under the Equality Act 2010, landlords must consider reasonable adjustments to ensure disabled contract-holders are not disadvantaged. Refusal could be unlawful discrimination.
5. Where else can I get support if I think I’ve been discriminated against?
   You can contact your local council, Rent Smart Wales, or specialist services like Citizens Advice. Legal Aid may be available in some cases.

Key Takeaways for Welsh HMO Renters

• HMOs in Wales are regulated and you have legal protection from discrimination
• Keep records, raise issues promptly, and use official forms like RHW19 if needed
• Special support is available from local authorities and national services if you face discrimination or accessibility issues

Need Help? Resources for Renters

• Private renting: government guide
• Equality and Human Rights Commission: Housing guidance
• Citizens Advice Wales: Housing
• Rent Smart Wales (Landlord licensing and complaints)
• Residential Property Tribunal Wales (dispute resolution)
• Report hate crime or harassment

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1. Renting Homes (Wales) Act 2016
2. Residential Property Tribunal Wales: RHW19 Application

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