UK Rental Discrimination Under Equality Act 2010

UK private landlords often discover that letting decisions are not purely commercial — they are statutory. The Equality Act 2010 prohibits discrimination at every stage of the letting cycle: marketing, tenant selection, terms offered, conduct during tenancy, and termination. With the Renters’ Rights Act 2025 (RRA 2025) strengthening tenant protections from 1 May 2026, getting equality compliance right is more important than ever. This deep-dive sets out the protected characteristics, the prohibited conduct, and the practical letting decisions that most often produce complaints.

1. The Statutory Framework

The principal source is the Equality Act 2010 (c.15), which consolidates earlier discrimination legislation into a single Act covering:

• Goods and services (Part 3)
• Premises (Part 4) — directly relevant to letting
• Work (Part 5) — relevant to letting agents as employers
• Education (Part 6)
• Associations (Part 7)

Sections 32–38 cover the disposal and management of premises. Sections 148–157 address common parts and improvements.

Primary source: https://www.legislation.gov.uk/ukpga/2010/15/contents

2. The Nine Protected Characteristics — Section 4

The Equality Act 2010 protects nine characteristics:

1. Age (s.5)
2. Disability (s.6)
3. Gender reassignment (s.7)
4. Marriage and civil partnership (s.8)
5. Pregnancy and maternity (s.17–18)
6. Race (s.9) — including colour, nationality, ethnic or national origins
7. Religion or belief (s.10)
8. Sex (s.11)
9. Sexual orientation (s.12)

In the letting context, all nine apply, though “marriage and civil partnership” is excluded from Part 4 in some respects.

3. The Four Prohibited Forms of Conduct

3.1 Direct Discrimination (s.13)

Treating a person less favourably because of a protected characteristic. Example: refusing to let to a single mother because she has children (sex + pregnancy/maternity discrimination).

3.2 Indirect Discrimination (s.19)

Applying a “provision, criterion or practice” (PCP) that puts persons sharing a protected characteristic at a particular disadvantage and cannot be objectively justified. Example: a “no benefits” policy (“No DSS”) indirectly discriminates against women, disabled people, and single parents who are statistically more likely to receive housing benefit. The courts have repeatedly ruled “No DSS” unlawful under s.19.

3.3 Harassment (s.26)

Unwanted conduct related to a protected characteristic with the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.

3.4 Victimisation (s.27)

Subjecting a person to detriment because they have done a “protected act” — e.g., complaining to a council about discrimination.

4. Reasonable Adjustments — Section 20–22

A landlord must make reasonable adjustments for disabled tenants under sections 20–22 and 36 of the Equality Act 2010. The duty has three limbs:

1. Provisions, criteria, or practices (PCPs) — adjust to remove disadvantage
2. Physical features — Part 4 only requires removal where leases or alterations are concerned (limited duty, recently expanded by case law)
3. Auxiliary aids — provide or facilitate

Examples: allowing a guide dog despite a “no pets” clause; permitting a tenant to install grab rails (with reinstatement); modifying communication methods for deaf tenants.

A request to install adaptations in common parts may engage the duty if the landlord owns those common parts.

5. Marketing Stage — Where Discrimination Often Starts

Adverts that say “No DSS”, “Professionals only”, “Single occupant only”, or “British nationals” risk both direct and indirect discrimination claims. Property portals (Rightmove, Zoopla, OpenRent) removed “No DSS” filters in 2020 after legal action, but landlord-uploaded copy can still contain prohibited language.

The First-tier Tribunal in Tyler v Paul Carr (2020) awarded damages where a landlord’s “No DSS” policy was found indirectly discriminatory.

6. Tenant Selection — The Permitted Distinctions

Landlords may lawfully:

• Conduct reference checks (employment, previous landlord, credit) — applied uniformly to all applicants
• Apply affordability tests — e.g., income at least 30x monthly rent — provided the test is applied consistently and is genuinely related to ability to pay
• Conduct right-to-rent checks under the Immigration Act 2014 sections 20–37 (this is statutory, not discriminatory if applied to all)
• Conduct guarantor checks for applicants who fail affordability — provided the guarantor requirement applies on a non-discriminatory basis

Landlords may NOT:

• Refuse on the basis of housing benefit receipt alone
• Refuse families with children (presumption against under recent case law)
• Charge higher deposits or rent based on protected characteristics
• Apply different criteria to different applicants

7. Right-to-Rent and Race Discrimination — A Tension Resolved

The Right-to-Rent regime under the Immigration Act 2014 was challenged in R (JCWI) v Secretary of State for the Home Department [2020] EWCA Civ 542. The Court of Appeal held the scheme caused indirect race discrimination but was lawful as objectively justified. Best practice: check all prospective tenants’ documents, not just those who appear foreign — Home Office Code of Practice for Landlords confirms this.

Reference: https://www.gov.uk/government/publications/right-to-rent-immigration-checks-guidance-on-who-is-affected

8. During Tenancy — Equal Treatment

The Equality Act applies throughout the tenancy. A landlord cannot:

• Apply repair standards differently based on protected characteristics
• Harass a tenant for their religious dress, sexual orientation, etc.
• Refuse common-parts use to disabled tenants without considering reasonable adjustments
• Treat a pregnant tenant’s request differently than a non-pregnant tenant’s

9. Termination — Selection of Grounds Matters

Under RRA 2025, Section 21 “no-fault” eviction is abolished for assured tenancies in England (Welsh Rented Homes Act 2016 already abolished s.21 in Wales for occupation contracts). All evictions must use Section 8 grounds (Schedule 2 to the Housing Act 1988). A landlord choosing which Section 8 ground to invoke for which tenant must not select on the basis of protected characteristics. Selecting Ground 1 (landlord moving in) for tenants of one race but Ground 14 (anti-social behaviour) for another raises immediate Equality Act issues.

Reference: https://www.gov.uk/government/collections/renters-rights-bill

10. Remedies and Enforcement

A tenant who believes they have been discriminated against can:

• File a claim in the County Court under section 114 of the Equality Act 2010 (limitation period: 6 months)
• Recover declaration, injunction, and damages including injury to feelings (Vento bands: lower £1,200–£12,100; middle £12,100–£36,400; upper £36,400–£60,700, 2026 figures)

Enforcement is by individual claim, not by a regulator (the Equality and Human Rights Commission can take strategic enforcement action).

11. Common Mistakes — Gyoseishoshi View

Conclusion — Equality Compliance as a Lettings Discipline

Equality Act 2010 compliance is not a tick-box exercise — it is woven into every lettings decision. Combined with the post-2025 RRA framework eliminating no-fault evictions, English landlords must treat tenant selection and tenancy management as exercises in documented, consistent, objectively-grounded decision-making.

A Gyoseishoshi cannot represent landlords or tenants in UK County Court proceedings. Scrib🐮 produces upstream tenancy documentation — assured tenancy agreements with RRA 2025-compliant terms, fair tenant selection criteria, and reasonable-adjustment frameworks — that reduce the discrimination claim risk before it arises.

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Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not UK solicitors.

Sources

• Equality Act 2010: https://www.legislation.gov.uk/ukpga/2010/15/contents
• Right-to-Rent guidance: https://www.gov.uk/government/publications/right-to-rent-immigration-checks-guidance-on-who-is-affected
• Renters’ Rights Bill collection: https://www.gov.uk/government/collections/renters-rights-bill
• Housing Act 1988: https://www.legislation.gov.uk/ukpga/1988/50/contents