Landlord refuses you because of benefits, family, or background, is that legal?

Direct answer

Many landlords and letting agents still say "no DSS," "no benefits," "no children," or "no families." Some of these are unlawful under the Equality Act 2010, the rest are increasingly being challenged. If you have been refused a tenancy because of who you are, you may have a discrimination claim. Call us free on 0800 030 4669 if disrepair is also part of the picture.

"No DSS" / "no benefits"

Two cases have ruled that blanket bans on tenants who receive Housing Benefit or Universal Credit are unlawful indirect discrimination:

• York County Court, 2020. A letting agent's "no DSS" policy was held to be unlawful sex discrimination because the policy disproportionately affected single mothers.
• Birmingham County Court, 2020. A landlord's "no DSS" policy was held to be unlawful disability and sex discrimination.

This means a blanket "no DSS" or "no benefits" rule is very likely to be unlawful indirect discrimination under the Equality Act 2010, because it has a disproportionate effect on women and disabled people.

What a landlord can lawfully do is assess affordability for each applicant individually. They cannot use a blanket rule.

"No children" or "no families"

A blanket "no children" or "no families" rule is harder to challenge legally because parental status is not a protected characteristic by itself. But it often runs together with indirect sex discrimination (single parents are disproportionately women). If you have been refused on this basis, raise it.

"No pets"

Pet bans are not unlawful in themselves, but the Renters' Rights Act 2025 changes the landscape. Under the new rules, you have the right to request a pet and the landlord must consider the request and not unreasonably refuse. They can require pet damage insurance.

What to do if you have been discriminated against

1. Save the evidence. Screenshot the advert, the text message, the email, the letter. Phrases like "no DSS," "no benefits," "no kids" are gold dust.
2. Report it to the letting agent's redress scheme, either The Property Ombudsman or The Property Redress Scheme. Every letting agent in England must be a member.
3. Report it to your council's Trading Standards team. They can take enforcement action.
4. If you want to bring a claim, the time limit is short: 6 months in the County Court from the discriminatory act.
5. For free advice on a discrimination case, contact the Equality Advisory and Support Service on 0808 800 0082 or Citizens Advice.

Right to Rent discrimination

If you have been refused because of nationality, accent, or having a "foreign-sounding name," that may also be unlawful discrimination linked to the Right to Rent scheme. See Right to Rent immigration checks.

You do not have to be polite to a discriminator

There is sometimes pressure on tenants to "move on" rather than push a complaint. You do not owe anyone that. The Equality Act protects you whether you are quiet about it or not.

How we can help

Discrimination cases are not our area. We are not a discrimination charity. The right places to call:

• Equality Advisory and Support Service 0808 800 0082
• Citizens Advice 0808 223 1133
• A Law Centre in your area.
• A solicitor on the Legal Aid Agency discrimination panel.

If you got into a tenancy and then the home turned out to be in disrepair, we can help with the disrepair side. Call us free on 0800 030 4669.

Free call: 0800 030 4669 | Start your claim

Sources

• Equality Act 2010 (legislation.gov.uk)
• Tenant Fees Act 2019 (legislation.gov.uk)