Rules on discrimination: Tenants receiving housing benefit / DSS

SpareRoom does not allow landlords to screen out tenants who receive benefits or to reference this in their ads e.g. “No DSS applicants”, or similar. 

Following the 2020 court rulings and the introduction of the Renters’ Rights Act, it is unlawful to apply blanket bans against applicants in receipt of housing benefit. Such practices were found to unfairly and disproportionately disadvantage women and people with disabilities, and are now clearly prohibited under housing and equality law.

The Renters’ Rights Act strengthens protections against discrimination in the private rented sector. Landlords and agents must assess applicants individually and must not refuse to consider someone solely because they receive benefits.

This doesn't mean you don't have the final say on who you let to, provided the decision is based on lawful, non-discriminatory reasons and assessed on a case-by-case basis. For example, landlords can make decisions based on affordability criteria. However, decisions must not be made solely on the basis that a prospective tenant is in receipt of benefits.

If you believe there are restrictions under the terms of your mortgage or insurance policy, these must not be used to justify blanket refusals. Instead, you should seek clarification from your lender or insurer. Any relevant criteria should be discussed directly with applicants during enquiries rather than stated as an automatic exclusion in your advert.