The Equality Act 2010 has long protected individuals from discrimination based on specific characteristics. The Renters' Rights Bill aims to build upon the Equality Act 2010 by strengthening protections against discrimination in the private rented sector.
Here’s what landlords need to know:
Protected characteristics still apply
Landlords cannot discriminate against tenants based on any of the nine protected characteristics. The protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation
This includes during advertising, selecting tenants, setting terms, and handling complaints or disputes.
If a tenant is subject to discrimination, a tenant can use the Equality Act to defend against a possession claim (eviction) if they believe it's based on discrimination. Tenants can also file a counterclaim against the landlord in such cases, potentially leading to a separate claim for compensation.
The Renters' Rights Bill is also introducing a new landlord Ombudsman which aims to provide a fair and impartial resolution service for disputes including any Equality Act issues.
The Renters’ Rights Bill
The Renters’ Rights’ Bill will specifically make reference to further examples of discrimination that landlords must be aware of. These include refusing to rent to individuals who have children or are in receipt of benefits.
Discrimination is not only unethical - it’s illegal. The Renters’ Rights’ Bill puts fairness and accountability front and centre. Landlords need to be proactive, informed and equitable in every aspect of their letting process.
The Renters’ Rights’ Bill is due to come into force in October 2025 - landlords need to be prepared for this change and aware of their responsibilities under the Equality Act 2010.
If you need further advice on evicting a tenant, information regarding the Equality Act 2010 and how this may affect you as a landlord or guidance relating to defending discrimination claims please contact our specialist solicitors on 01616 966 229 or complete our online enquiry form.
Comments