LGBTQ+ tenants: your housing rights

LGBTQ+ tenants have the same housing rights as any other tenant, and additional protections against discrimination. We cover your rights, what discrimination looks like, and what to do if you face problems as a result of your sexual orientation or gender identity.

Do you have any additional legal protections?

Yes. Under the Equality Act 2010, sexual orientation and gender reassignment are protected characteristics. This means:

• A landlord cannot refuse to rent to you because you are gay, lesbian, bisexual, or transgender
• A landlord cannot treat you less favourably in the terms of your tenancy because of your sexual orientation or gender identity
• A landlord cannot evict you, refuse to carry out repairs, or otherwise disadvantage you because of who you are

Discrimination in housing on the basis of sexual orientation or gender reassignment is unlawful. Harassment, unwanted conduct related to a protected characteristic that creates a hostile environment, is also unlawful.

What does unlawful discrimination look like?

Examples of unlawful discrimination include:

• Refusing to rent a property to a same-sex couple when it would be rented to an opposite-sex couple in the same circumstances
• Refusing to list you or your partner on the tenancy agreement on discriminatory grounds
• Making derogatory or offensive comments about your sexual orientation or gender identity
• Targeting inspections, possession notices, or other action at you because of who you are

What should you do if you think you have been discriminated against?

1. Keep records, note dates, times, and what was said or done. Save any written communications.

2. Make a formal complaint to the landlord or letting agent in writing.

3. Contact the Equality and Human Rights Commission (EHRC), they provide guidance on discrimination and can advise on your options.

4. Seek legal advice, a discrimination claim can be brought in the county court. Some organisations offer specialist support to LGBTQ+ people facing housing discrimination, including Stonewall and local LGBTQ+ charities.

5. Report to the local council, if your landlord is registered with a council licensing scheme and is discriminating against you, the council may be able to take action.

What if you face harassment or threats?

If you are experiencing threats, intimidation, or hate crime related to your sexual orientation or gender identity:

• Report to the police, hate crimes targeting people because of their sexual orientation or gender identity are taken seriously
• Contact your council's housing team, they may be able to help if your landlord is involved

Landlord harassment, including behaviour designed to make you leave, is both a civil wrong and a criminal offence under the Protection from Eviction Act 1977. If a landlord is using your sexuality or gender identity as a basis for harassment, this compounds the seriousness.

What if you are fleeing a hostile home situation?

If you have left or are thinking about leaving a home because of homophobia or transphobia from family members or others you live with, you may be homeless in the legal sense. Contact the council's homelessness team, young LGBTQ+ people who have been made to leave the family home have rights, including priority need in some cases.

Does your housing disrepair apply here?

Your housing rights, including the right to a property free from disrepair, are the same regardless of your sexual orientation or gender identity. If your landlord is failing to carry out repairs and you suspect it is connected to discrimination, this may give rise to both a disrepair claim and an equality claim.

When should I contact Support for Tenants?

We handle housing disrepair claims. If your privately rented home is in poor condition and your landlord has failed to carry out repairs, we may be able to help.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Equality Act 2010 (legislation.gov.uk)
• Protection from Eviction Act 1977 (legislation.gov.uk)