‘Momentous’ ruling over ‘No DSS’ lettings ban
A LETTING agency’s policy has been discriminatory against a tenant by a county court.
The case involved a single mother who inquired about renting a twobedroom property but was told her application would not be considered as she was in receipt of housing benefit.
The ruling was described as a “momentous” judgment by housing charity Shelter.
District Judge Victoria Mark ruled that the prospective tenant had been indirectly discriminated against due to
“No DSS” ruled as prospective her sex and disability. In her ruling at York County Court, the judge concluded: “The defendant’s former policy of rejecting tenancy applications because the applicant is in receipt of housing benefit was unlawfully indirectly discriminatory on the grounds of sex and disability contrary to sections 19 and 29 of the Equality Act 2010.”
The defendant, a lettings agent, and the claimant, a 44-year-old mother of two, were not named in the judgment. Shelter said the ruling is “a huge breakthrough” for its End DSS Discrimination campaign and a “clear warning” to landlords.
Chief executive Polly Neate said: “This momentous ruling should be the nail in the coffin for ‘No DSS’ discrimination.
“It will help give security and stability to people who unfairly struggle to find a place to live just because they receive housing benefit.
“Shelter’s ‘No DSS’ campaign has had a tough fight for people’s right to a safe home.”
Rose Arnall, the Shelter solicitor who led the case, said: “This is the first time a court has fully considered a case like this. It finally clarifies that discriminating against people in need of housing benefit is not just morally wrong, it is against the law.
“This sends a signal to letting agents and landlords that they must end these practices immediately.”
The letting agent was ordered by the judge to pay £3,500 to the claimant, who has ADHD, anxiety and depression.
Shelter said 63 per cent of private landlords say they do not let, or prefer not to let, to people who receive housing benefit.