The upcoming Renters’ Rights Bill is a game-changing step towards fairer housing, designed to fill the gaps left by the existing Equality Act 2010.

For landlords and letting agents, it’s essential to understand what discrimination looks like today, what the new rules mean, and how to adapt processes to stay on the right side of the law and of fairness.

What Is Housing Discrimination?

Under the Equality Act 2010, it’s unlawful to treat someone unfairly because of protected characteristics. These include:

• Disability (physical or mental)
• Race or ethnicity
• Religion or belief
• Sex
• Sexual orientation
• Gender reassignment
• Pregnancy and maternity
• Age (in some contexts)
• Marriage and civil partnership

But in housing, not all of these apply equally – age and marital status, for instance, are not always protected grounds in rental decisions.

What’s changing? The Renters’ Rights Bill introduces new protections, specifically making it unlawful to discriminate against families with children and tenants who receive benefits – two groups that have historically faced blanket exclusions.

Types of Discrimination to Avoid

Understanding the types of discrimination is key to prevention:

1. Direct Discrimination

This occurs when someone is treated unfairly because of a protected characteristic. For example, refusing to let a flat to someone because they’re a single parent or on Universal Credit.

2. Indirect Discrimination

This is more subtle. It involves policies or practices that seem neutral but disproportionately disadvantage a protected group like insisting all tenants must work full-time.

3. Harassment

Behaviour that intimidates, humiliates, or offends someone due to a protected characteristic. Think of dismissive or mocking comments during viewings or communications.

4. Victimisation

Treating someone unfairly because they raised a concern or supported someone else who did. You don’t have to be the person directly discriminated against to be protected from victimisation.

Social Housing vs. Private Rentals

In Social Housing:

Discrimination often emerges in the allocation process, such as how councils prioritise applicants. While these processes are governed by law and overseen by local authorities, they’re still subject to legal scrutiny under the Equality Act.

In the Private Rental Sector:

Here’s where issues like “No DSS” (discrimination against benefit recipients) and “No children” clauses have cropped up most often. These practices have been challenged and successfully overturned in court.

A 2019 case confirmed that blanket bans on benefit claimants could amount to indirect discrimination. In 2021, the courts reinforced this with another ruling against a letting agent who refused tenants on Universal Credit.

The Renters’ Rights Bill: What’s New?

This legislation is a landmark update to tenant protections. Here are the headline changes:

• Protection for families and benefit recipients: These groups cannot be excluded from tenancies.
• End of no-fault evictions (Section 21): Landlords will need a valid reason to evict, making it safer for tenants to challenge discrimination without fear of losing their home.

What This Means for Landlords and Agents

Most landlords and letting agents want to do the right thing but it’s easy to overlook how day-to-day decisions could unintentionally discriminate.

Here’s how to stay compliant:

Transparent Processes

Have a clear, fair, and documented process for choosing tenants. Avoid vague reasons for rejections that could be interpreted as biased.

Thoughtful Vetting

It’s okay to request references or affordability checks. What’s not okay is using criteria that exclude someone because of race, disability, or family status.

Valid Grounds for Refusal or Eviction

Ensure you’re basing decisions on concrete issues such as rent arrears or property damage, not assumptions or stereotypes.

Consequences of Getting It Wrong

The legal and reputational risks are real:

• Compensation payouts can range from £1,200 to over £60,000 under the Vento bands (used for “injury to feelings”).
• Civil claims can be brought under the Equality Act.
• Reputation damage from public databases and online forums can affect future lettings.

Tips to Prevent Discrimination

Here are practical ways to make your letting process more inclusive and legally sound:

Advertising

• Use inclusive language. Avoid “professionals only” or “No DSS”.
• Focus on the property, not the “ideal tenant”.

Tenant Screening

• Apply consistent, objective criteria (like credit checks or references).
• Keep records -if you refuse someone, you may need to justify your decision.

Communication

• Be respectful in tone and language.
• Offer reasonable adjustments for viewings and correspondence like written materials for someone with hearing loss.

Training

• Invest in equality and diversity training for your team.
• Stay up to date on legal changes especially as the Renters’ Rights Bill is implemented.

Final Thoughts: Fairness First

Creating a fair, transparent and inclusive rental experience isn’t just a legal necessity – it’s good business. Tenants who feel respected and safe are more likely to stay long-term, care for the property, and recommend you to others.

The information in this post is valid to the best of our knowledge on the date of posting. It is advised that you seek independent advice based on your individual circumstances.

T: +44 (0)203 488 1488

E: info@ladybirdliving.co.uk

W: https://www.ladybirdliving.co.uk/