Is it legal in the UK to discriminate against someone solely because they are in receipt of a benefit?

Question

For example, a landlord or letting agent could not advertise a house for rent stating: "No [insert race, gender, colour, religion] etc .... but frequently state "No DSS / no Housing Benefit". We don't think this should be legal - but is it? The argument is often used that it's because the landlord's mortgage agreement / insurance makes this stipulation - but is it legal for the mortgage or insurance company to discriminate against people on this basis?

Hi - I appreciate your point that the landlord may have concerns about non-payment of rent, but isn't this covered in any tenancy agreement in any event ? (i.e. the tenant could later be evicted for non-payment of rent IF that happened), so as / if this eventuality is already covered, it should still not be legal to ASSUME that rent will not be paid and effectively 'pre-evict' a possibly innocent tenant by refusing them on the basis that they are in receipt of a benefit. As it currently stands, many people still do not claim benefits to which they are entitled. One explanation is that (for example) a man takes on the tenancy of a house, subsequently through no fault of his own loses some or all of his income, and / or capital and then CANNOT claim housing benefit without immediately losing his tenancy! This can't be right!

Several people have commented on the fact that landlords want people 'who are working'. That's fine - but many people on housing benefit ARE working and just need a bit of help with rent (maybe only £50 a month assistance). Lots of people work full-time in lower-paid jobs and aren't 'spongers' or 'dossers' or anything like that - maybe they had to take a pay cut, or lost overtime, or whatever. It's not a problem we have - it's a potential problem that a young man of our acquaintance may have in the future. He has a full-time job, and also has some capital behind him, but as and when his bit of capital runs out, unless he has got a promotion it will be hard for him to cover ALL of his rent. How do people feel about those in full-time work but on low incomes being discriminated against because they need a little assistance until their next promotion comes through?

(Sorry - just read through a bit more!) In terms of rent, the housing benefit people work on what is a 'fair rent' for a house of that type, in that area. This doesn't necessarily relate to council rents for the area. For example, in another case that we know of where DSS IS accepted, the young couple in question were awarded FULL benefit (i.e. sufficient to cover the whole rent) of £635 per month for a 2-bed house. They are now working self-employed, and still getting assistance with rent, and the assistance is still BASED on £635 being a 'fair rent' for that house in that area. Provided that the landlord sets a 'fair rent' (market rent for that property in that area) then benefits should ensure that all the rent is covered, whether it's total HB or just a top-up to what then tenant's current income can cover. SO I'm not sure why landlords who do set a fair rent should have any worries, and I'm still not sure whether it should be legal to discriminate against those on benefits.

Answer 1

i don't know. but i think people shouldn't be discriminated against for anything!!!

Answer 2

private landlords can choose who they want to have in their house, they might not be allowed to advertise they don't want a particular race tenant but they can still make that choice when people apply.

landlords get less rent for people on benefits and have the grief that can come with it, like not being paid on time. there is also a preconception that people on benefits will not look after the property that well as they are not paying it for themsleves.

personally i would prefer having a tenant that works rather than someone that doesn't.

Answer 3

It is perfectly legal to state NO DSS

This is because DSS will not pay the full rental price on many properties so the landlord will not get what they can from other sources.

As for mortgage companies, they have to ensure that the loan will be repaid, in that case they can turn down anyone they feel is unlikely to do that.

Answer 4

i don`t think its illegal but i do think its discriminating and not fair .there are plenty of people on benefits who can`t work (disabled people , chronically ill) and the landlord has less chance of not getting paid as the benefits office would pay the landlord direct
i think the problem might be that the DSS and housing benefits don`t pay the rent weekly i`m not sure if its changed recently ,but they used to pay in a lump sum every three months in arrears and were often late in paying .

Answer 5

Lets put it this way, If you've invested say £120000 in a property would you want to run the risk that if you put someone in there who was not working and may not be-able to pay their rent. You would be responsible for servicing the loan. Not only that, but once they are in your property getting them out can take months and all the time your losing rent, but your still responsible for servicing the loan. I know what i would prefer, someone who has good reference's and is working, that's just good business sense.

Answer 6

i don't think it's illegal, as others have said the mortgage has to be covered and anyone with a six month tenancy or more have rights, and for non payers it can take months to get an eviction so if the tenant stops paying rent for whatever reason the owner still has to find his repayments every month...

Answer 7

weather-man got there b4 me.
landlords can make up as many silly rules as they like, unfortunately.
if ur having trouble finding housing,
approach ur local council & they should b able 2 provide u with a list of Landlords, that do take DSS applicants.
& should give u some guarantees, that u r entitled 2 have a roof over ur head.

Answer 8

Its not illegal because discrimination laws do not mention people on benefit and quite rightly as this still gives some incentive for people to buy and rent their properties out.

Answer 9

To be honest I cant be bothered reading all that spiel that you've added but.....It seems to me that this is the only prejudice that is still widely acceptable in Britain. Probably because all the PC mad do gooders are middle class and have a distinct 'hate' of 'chavs' etc

Answer 10

Even if this was not stated. They could reject you and give a different reason. Thus discrimination reigns.