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‘No DSS’ discrimination ruled unlawful for second time
A court has ruled the practice of refusing to rent homes to people on benefits as discriminatory for the second time.
Judge Mary Stacey ruled that a disabled dad was “unlawfully indirectly discriminated against” by a letting agent which had a blanket policy to refuse to rent to people receiving housing benefit.
Handing down the judgement at Birmingham County Court this week, she concluded the agent had breached the Equality Act by barring him from viewing properties purely because of his benefit status, because disabled people are more likely to need income support to pay the rent.
The ruling represents the second time a UK court has fully considered such a case and ruled ‘no DSS’ approaches to letting homes as unlawful, after a landmark case involving a single mum of two at York County Court in July.
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Stephen Tyler and his family lost their home in February 2018 after being hit with a Section 21 no-fault eviction notice having asked their landlord to make some disability adaptations to their home.
When looking for a new home, Mr Tyler was told by agent Paul Carr that it was “company policy” to refuse to rent to people receiving housing benefit, regardless of having a clean rental record and having always paid rent on time in the past.
Mr Tyler has used a wheelchair since a road traffic accident in December 2016 and has mental health issues, meaning he needs substantial personal care mainly provided by his wife Irene.
The family now live in a social home after making a homeless application to the council.
Mr Tyler said: “It’s been a very stressful time. It is amazing to have won – not just for me but for the tens of thousands of people like me facing this discrimination.
“Hopefully now it’s clear that the law is on our side, things will change.”
Judge Stacey said the ‘no DSS’ policy had put Mr Tyler “and other disabled people at a particular disadvantage when compared to others” and that to be told he could not view properties solely because of his benefit status “would be distressing”.
Mr Tyler was supported by housing charity Shelter, which has previously carried out research which found that 45% of private renters claiming disability benefits also claim housing benefit.
He was represented by Tessa Buchanan, a barrister at Garden Court Chambers.
Polly Neate, chief executive of Shelter, said: “This win proves yet again that blanket bans against people on housing benefit are unlawful because they overwhelmingly bar women and disabled people like Stephen, who are more likely to need help with their rent, from finding a safe home.
“It’s senseless that people who can afford private rents are being forced into homelessness by blind prejudice.
“It’s now time for landlords and letting agents to do better; they must consider tenants fairly based on their ability to afford the rent – not where their income comes from.”
