Is your housing problem discrimination?

Most social housing tenants will not recognise that the housing problem they are experiencing, is discrimination.

The main law that covers discrimination in housing, is currently the Equality Act 2010. This basically covers when you are looking for a place to live or are living somewhere. Discrimination has a specific meaning in law, meaning not all problems will be against the law per say, however there are still things you can do to resolve them. 

Under the Equality Act 2010, not every housing situation is covered, and each have their own set of rules. There are different rules for

• Discrimination in public functions.
• Discrimination in service providers.
• Discrimination in education providers.

The law says you cannot be treated unfairly or differently if it is connected to who you are, this is under ‘protected characteristic’ under the Equality Act 2010. Alternatively, you cannot be treated unfairly because;

• Someone thinks you have a ‘protected characteristic’ (when you don’t).
• Someone else’s (e.g., the other parties) ‘protected characteristic’.
• You have challenged discrimination previously.

What is a 'protected characteristic'?

• Age
• Sex
• Race, colour, and nationality
• Religion or belief
• Sexual orientation
• Disability (physical and mental)
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity

How are the above characteristics protected?

Under the Equality Act 2010, your characteristic(s) are protected by;

• Harassment: Being made to feel humiliated, degraded or offended. It might be harassment if someone has verbally abused you, asked you personal questions, put up posters, made rude gestures, jokes, social media etc. If the harassment is very serious, it might also be a crime.
• Victimisation: Being treated differently because of your characteristic or because you made a complaint relating to your characteristic.
• Direct Discrimination: Being treating differently directly because of your characteristic and the other party admitting this is the reason.
• Indirect Discrimination: Being treated differently because a set of ways/ a policy that treats you worse/ puts you at a disadvantage because of your characteristic.
• Reasonable adjustments: Failure to make or providing unreasonable adjustments.

In terms of discrimination for housing problems, the Equality Act 2010 says you can only take action against people/companies who discriminate against you when they;

• Sell or rent out a home, such as renting a property through a letting agent - this is called ‘disposal of premises’ in the law.
• Need to agree to sell or rent out a home, such as a joint owner - this is called ‘permission for disposal of premises’ in the law.
• Manage a home, such as landlords, agents and people collecting rent - this is called ‘management of premises’ in the law.

In housing, an estate agent may act on behalf of a landlord, so if the estate agent has discriminated against you, you may be able to report the both of them.

If you have asked for changes to your housing to help with your disability, you can take action against anyone who are ‘controllers of premises’ in the law, i.e., landlords and property managers. You can also take action against the service providers, i.e., mortgage lenders, surveyors, and valuers. 

Examples of protected characteristic discrimination in housing;

• Trying to evict you because of your protected characteristic.
• Stopping you from buying/renting a home because of your protected characteristic.
• Charging you more or offering a worser service/contract because of your protected characteristic.
• Making it harder, or stopping you from using facilities, e.g., a communal garden because of your protected characteristic.
• Taking longer to respond to your request for repairs because of your protected characteristic
• Refusing to help you because of your protected characteristic.

Some types of housing harassment can be a crime.

For example, if your landlord tries to make your life difficult by doing things like:

• Interfering/cutting of water, gas and electric
• Visiting your home without warning, especially in the evening/night

If this is the case, call the police and your local council. In emergencies, call 999.

If you’re not sure if your problem is discrimination or you need help with taking action, there are organisations that can help.

Citizens Advice

It’s a good idea to contact your nearest Citizens Advice first - they can help with your discrimination problem and any other problems you have.

For example, if your landlord increased your rent when you became disabled, a Citizens Advice adviser can help you complain about the discrimination. They can also advise you on other things, like money problems caused by spending more on rent.

You can check all of this information further by contacting Citizens Advice or reading the Equality Act 2010 on the Equality and Human Rights Commission’s website. 

Equality Advisory and Support Service Free Helpline:

Telephone: 0808 800 0082

Text relay: 0808 800 0084

Monday to Friday: 9am to 7pm

Saturday: 10am to 2pm

Taking legal action against your landlord

It is always best to try and solve your problem by complaining first. If this doesn’t work, you can still take court action. MLA Solicitors can help if your housing problems are ignored, this is called a Housing Disrepair Claim. In any claim, gather as much evidence as you can and keep any messages, notes and/or letter(s) of what has happened.

MLA Solicitors can send a letter of claim to your landlord, they have a 20 day deadline to respond to this letter along with your tenancy file. After this, we will aim for a settlement for repairs to be fixed and where possible, compensation.

If needed, we will take your landlord to court. You're more likely to win your case if you give the court as much evidence as possible.

The judge will look at the evidence you and your landlord provide before making a decision. The court can order your landlord to:

• Complete repairs within a set time frame
• Pay compensation
• Pay our legal fees

Your landlord will be breaking the law if they do not follow the courts orders.

Whether you win or lose, instructing MLA Solicitors for your Housing Disrepair claim, you will not have to pay anything to us, your landlord or to the court. We claim our fees from the landlord and if this is not possible, our fees are wiped.

Before considering making a Housing Disrepair Claim, you need to write to your landlord to give them a chance to do the repairs. If you are unsure on how to write a formal complaint letter, please read our guide with an example letter, here.

To commence a Housing Disrepair Claim, we initially arrange a telephone conversation between you and one of our friendly legal experts. If you prefer, we are happy to arrange a video or in person conversation, whatever makes you feel comfortable. This is a free, no-obligation conversation where you may discuss the issues you are experiencing.

To get a Housing Disrepair claim started, please call 0800 610 2223 or email info@mlasolicitors.co.uk.

Alternatively, please submit a form on our website or reach out on social media.