The rental application process can feel like you're under a spotlight. Landlords and agents ask about your income, your credit history, your employment, and your references — and that's all legitimate. But there are questions that cross a legal line, and knowing that line gives you the confidence to push back when it matters.
The Equality Act 2010 protects you
The Equality Act 2010 makes it illegal to discriminate against a prospective tenant on the basis of any of the nine protected characteristics. Landlords who refuse to let to someone — or treat an applicant differently — because of a protected characteristic are committing unlawful discrimination.
The nine protected characteristics under the Equality Act:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race (including nationality, ethnic origin, and colour)
- Religion or belief
- Sex
- Sexual orientation
What a landlord or agent cannot ask
- Whether you are pregnant or planning to have children
- Your religion or whether you observe religious practices that might affect the tenancy
- Your nationality as a basis for refusal — Right to Rent checks are legitimate, but refusing to rent to someone solely because they are not British is unlawful
- Your sexual orientation or relationship structure
- Your HIV status or other medical information beyond what is needed to assess reasonable adjustments
- Whether you have children (though they can ask how many people will occupy the property for HMO licensing purposes)
Right to Rent is different from racial discrimination
Landlords in England must check that tenants have the right to rent under the Immigration Act 2014. This is a legal requirement. However, landlords must check ALL prospective tenants, not only those who appear to be foreign nationals. Selecting which applicants to check based on their appearance or name is discriminatory and unlawful.
The 'no DSS' issue — where things stand in 2026
A series of county court cases from 2019 onwards established that blanket 'no DSS' policies can constitute indirect discrimination. The Renters' Rights Act 2025 now goes further in England by making it unlawful to discriminate against prospective tenants because they receive benefits.
Landlords and agents can still assess affordability, references, and household size properly. What they should not do is apply a blanket benefits ban, discourage applicants because they receive Universal Credit or Housing Benefit, or use wording that excludes them before their individual circumstances are considered.
What you can do if you believe you've been discriminated against
- Keep a record — document the communication (save emails, note dates and what was said in calls) before you do anything else
- Contact the Equality Advisory and Support Service (EASS) for free advice — they can help you assess whether what happened was unlawful
- Raise a complaint with the letting agent's redress scheme — all agents must be members of either The Property Ombudsman (TPO) or Property Redress Scheme (PRS)
- Report to the local council — councils can take enforcement action against landlords and agents who repeatedly breach equalities law
- Pursue a county court claim — in serious cases, the county court can award compensation for unlawful discrimination
Discrimination in the rental market is under-reported because renters don't always know what they're entitled to refuse, and because the cost of losing a property feels too high to pause and fight. But each case that is reported and recorded makes the overall environment more accountable.