Landlord Equality Act UK 2026 — Anti-Discrimination Obligations

Overview

Protected characteristics — the nine grounds

• Age: Cannot refuse to let solely because of the applicant's age (young adult or older person) — though age-appropriate properties (e.g. retirement housing) are a legitimate exception
• Disability: Cannot refuse solely because of disability. Must make 'reasonable adjustments' to policies and procedures to avoid putting disabled applicants at a substantial disadvantage
• Gender reassignment: Cannot discriminate against trans applicants
• Marriage and civil partnership: Limited protection — relevant mainly in employment, less so in housing
• Pregnancy and maternity: Cannot refuse because an applicant is pregnant or on maternity leave
• Race: Cannot refuse on grounds of race, colour, nationality, or ethnic or national origin
• Religion or belief: Cannot refuse because of religious affiliation or beliefs
• Sex: Cannot refuse solely because of the applicant's sex
• Sexual orientation: Cannot refuse because of sexual orientation

Direct and indirect discrimination

• Direct discrimination: Treating an applicant less favourably because of a protected characteristic — e.g. 'we don't rent to Eastern Europeans' is direct race discrimination
• Indirect discrimination: Applying a condition that appears neutral but disproportionately disadvantages a group with a protected characteristic — e.g. 'no benefits' disproportionately affects women, so it is indirect sex discrimination
• Indirect discrimination can be justified if the condition is a 'proportionate means of achieving a legitimate aim' — landlords cannot justify a blanket no-benefits policy purely on financial risk grounds when individual assessment is possible
• Harassment: Unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating environment is unlawful — e.g. making discriminatory comments during a viewing
• Enforcement: tenants can bring claims to the county court within 6 years of the discriminatory act. Compensation can include general damages for injury to feelings

The 'no DSS' ban — what landlords can and cannot do

• You cannot operate a blanket 'no DSS', 'no housing benefit', or 'no Universal Credit' policy — this is unlawful indirect sex discrimination (and may also be disability discrimination, as disabled people are disproportionately represented among benefit claimants)
• You can assess benefit applicants on the same affordability criteria as employed applicants — if the benefit income is sufficient to cover the rent, you can let to that tenant
• Universal Credit direct payment: where a UC tenant's rent is paid directly to the landlord via 'alternative payment arrangements', this provides payment security comparable to a standing order. Ask the DWP about managed payments for vulnerable tenants or significant arrears
• Guarantors: you can require a guarantor where the tenant does not meet affordability criteria — but you must apply this requirement consistently across all tenant types, not just benefit claimants
• Remove 'no DSS' or 'no benefits' wording from all adverts, portals, agent instructions, and internal referencing criteria — this language is unlawful regardless of whether it reflects your actual practice

Disability — reasonable adjustments

• Landlords are 'service providers' under the Equality Act — they have an obligation to make reasonable adjustments for disabled applicants and tenants
• Reasonable adjustments to policies: e.g. allowing a guide dog in a 'no pets' property; accepting an adapted rent payment method for a tenant with cognitive difficulties
• Reasonable adjustments to the physical property: the duty to make physical alterations to the property for disabled tenants is limited for landlords — but allowing a tenant to make adaptations at their own expense (e.g. installing a stairlift or grab rails) is generally a reasonable adjustment
• The 'reasonable' test: whether an adjustment is reasonable depends on its cost, practicality, and the resources available — a large corporate landlord may be expected to make more expensive adjustments than a small private landlord
• Failure to make a reasonable adjustment is unlawful — a disabled tenant who is refused a reasonable accommodation can bring a county court discrimination claim