LGBTQ+ tenants: your housing rights

As an LGBTQ+ tenant you have the same housing rights as anyone. You also have extra protection from discrimination. This page covers those rights. It shows what discrimination looks like. And it says what to do if you face trouble over your sexual orientation or gender identity.

Do you have any additional legal protections?

Yes. The Equality Act 2010 makes sexual orientation and gender reassignment protected characteristics. So:

• No landlord can refuse to rent to you for being gay, lesbian, bisexual or transgender
• No landlord can give you worse tenancy terms because of who you are
• No landlord can evict you or refuse repairs because of who you are

Housing discrimination over sexual orientation or gender reassignment is against the law. So is harassment. Harassment means unwanted conduct, tied to a protected characteristic, that creates a hostile setting.

What does unlawful discrimination look like?

Here are some examples of unlawful discrimination:

• Refusing a same-sex couple a home an opposite-sex couple would get
• Keeping you or your partner off the tenancy agreement unfairly
• Offensive comments about your sexual orientation or gender identity
• Aiming 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 every written message.

2. Complain formally to the landlord or agent, in writing.

3. Contact the Equality and Human Rights Commission (EHRC). It gives guidance on discrimination and your options.

4. Get legal advice. A discrimination claim can go to the county court. Stonewall and local LGBTQ+ charities support people facing housing discrimination.

5. Tell the council. If the landlord holds a council licence and discriminates, the council may act.

What if you face harassment or threats?

Facing threats, intimidation or hate crime over who you are?

• Report it to the police: hate crime over sexual orientation or gender identity is taken seriously
• Contact the council's housing team, above all where the landlord is involved

Landlord harassment is a civil wrong and a crime under the Protection from Eviction Act 1977. That covers behaviour meant to push you out. Harassment aimed at your sexuality or gender identity is more serious still.

What if you are fleeing a hostile home situation?

Left home because of homophobia or transphobia? Or thinking of leaving for that reason? You may count as homeless in law. Contact the council's homelessness team. Young LGBTQ+ people pushed out of the family home have rights. In some cases that includes priority need.

Does your housing disrepair apply here?

Your housing rights hold whoever you are. That includes the right to a home free of disrepair. Is your landlord skipping repairs, and you suspect discrimination behind it? You may have a disrepair claim and an equality claim.

When should I contact Support for Tenants?

We help tenants with housing disrepair claims. If your rented home is in poor shape and repairs sit undone, 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)