Pregnancy and housing rights: what tenants need to know

Pregnancy can affect your housing rights in several important ways. Whether you are in private rented accommodation, social housing, or facing homelessness, knowing what protections apply can help you make informed decisions and access the right support.

Does pregnancy give me priority for social housing?

Pregnancy alone does not automatically move you up a social housing waiting list, but it is a relevant factor that councils must take into account. Many councils award additional priority to households with a pregnant woman where the current accommodation is overcrowded or unsuitable for a newborn. You should inform the council of your pregnancy when registered on the housing list and ask how it affects your banding or priority.

Am I protected from eviction during pregnancy?

Pregnancy does not prevent a landlord from seeking possession of a property through the courts, but it is a relevant consideration. Where a possession claim involves a discretionary ground, for example, under Ground 12 (breach of tenancy) or Ground 11 (persistent late payment) of Schedule 2 to the Housing Act 1988, the court has discretion to consider whether it is reasonable to grant possession. The fact that you are pregnant is a factor the court may weigh when deciding whether possession is reasonable.

Where a landlord is seeking possession under a mandatory ground, such as Ground 8 (serious rent arrears) or a section 21 notice, the court has less discretion, though procedural requirements must still be met.

Is refusing to rent to a pregnant person discrimination?

Pregnancy is a protected characteristic under the Equality Act 2010. A landlord who refuses to rent to someone because they are pregnant, or who treats a pregnant tenant less favourably than other tenants because of pregnancy, may be acting unlawfully. The same applies to eviction or other adverse treatment linked to pregnancy.

If you believe you have been discriminated against because of pregnancy, you can contact the Equality Advisory and Support Service or take legal advice.

What if I am homeless and pregnant?

If you are pregnant and homeless, you are likely to have a priority need for accommodation under the Housing Act 1996. Priority need includes pregnant women, if you are pregnant (at any stage), the council has a duty to provide interim accommodation while it assesses your homelessness application.

If the council accepts that you are eligible, homeless, and in priority need, it must provide settled accommodation or take other steps to discharge its housing duty.

Contact the council's housing options team immediately and tell them you are pregnant.

What about unsuitable temporary accommodation?

Councils must ensure that temporary accommodation provided to homeless households is suitable. For a pregnant person or a household with a young child, this means the accommodation must meet basic standards, it should not be in a poor state of repair, should have adequate space, and should not present safety risks. If your temporary accommodation is in disrepair, the council should address it.

Does disrepair during pregnancy give me extra rights?

Disrepair in a rented property, damp, mould, cold, structural problems, is harmful to anyone's health, but the risks during pregnancy and for a newborn child are particularly serious. Where disrepair is present and the landlord has failed to act after notification, you may have a housing disrepair claim. The impact on health, including during pregnancy, is a relevant factor in the compensation a court may award.

When should I contact Support for Tenants?

We handle housing disrepair claims. If your home is in disrepair and you are pregnant or have a young child, the landlord's obligations are no different, but the health impact can be more serious, which may be relevant to your claim.

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)
• Section 189, Housing Act 1996 (priority need) (legislation.gov.uk)