Words by Smiley Team
In a landmark ruling handed down at York County Court, housing benefit discrimination has been judged unlawful and in breach of the Equality Act, confirms housing charity Shelter. This is a huge breakthrough for the charity’s End DSS Discrimination campaign.
For many years, so-called ‘no DSS’ policies have stopped hundreds of thousands of people like Jane from renting homes they could afford – simply because they receive housing benefit. In fact, a staggering 63% of private landlords say they don’t let, or prefer not to let, to people who receive housing benefit.
Shelter’s research clearly shows that ‘No DSS’ policies put women and disabled people at a particular disadvantage because they are more likely to receive housing benefit.
District Judge Victoria Elizabeth Mark declared for the first time that “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 […] the Equality Act 2010.”
The historic hearing took place virtually on Wednesday 1 July, involving Jane*, a single mum-of-two. After a letting agent refused to rent any properties to her because she receives housing benefit, Jane contacted Shelter’s Strategic Litigation Team to take on her case.
Jane, who works part-time, was looking for a new home in October 2018 after receiving a Section 21 ‘no-fault’ eviction from her landlord. After weeks of searching, she found a suitable two-bedroom house for her family, but the letting agent told her she could not rent it because of their long-standing policy of not accepting housing benefits. This made her homeless and she was forced to move into a hostel with her children.
Jane* said: “When the letting agent wouldn’t take me because of a company policy, I felt very offended that after all those years, when I have prided myself on paying my rent, paying my bills, being a good tenant, it just meant nothing. When I realised we were going to be homeless because I couldn’t find anywhere, I felt sick to my stomach.”
“Getting this result is the end of a chapter – actually, I can close the book entirely. I live in a social home now and I am relieved to have a permanent home for my family. I hope I’ll have helped people who aren’t able to be as determined as me. It’s completely unfair to treat people like this, and I hope this will prove that letting agents can’t discriminate any longer.”
Polly Neate, chief executive of Shelter, 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 benefits. Shelter’s ‘No DSS’ campaign has had a tough fight for people’s right to a safe home.
“Congratulations to everyone involved for this huge win; it will change so many lives.”
*Jane is a pseudonym,
