Court rules 'No DSS' letting bans unlawful

After a recent case where a mother of two had been refused rented accommodation because she received housing benefits, a judge has ruled that blanket bans are unlawful and discriminatory.

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The mother’s landmark case was supported by housing charity Shelter when a letting agent refused her application for a property and she ended up homeless.

In a highly significant court hearing, District Judge, Victoria Mark ruled "No DSS" rental bans are against equality laws as by "rejecting tenancy applications because the applicant is in receipt of housing benefit was unlawfully discriminating on the grounds of sex and disability".

Landlords and agents who continue to refuse to rent to housing benefit claimants face the risk of legal action.

What ARLA Propertymark is doing

ARLA Propertymark has consistently highlighted the issues faced by both tenants and landlords with Universal Credit being paid in arrears. The design of the system with payments made in arrears makes paying rent on time impossible for many tenants and this presents issues for landlords who are relying on the rent to make mortgage payments.

We have repeatedly raised concerns over the cap in Local Housing Allowance, which in many areas precludes recipients from accessing good quality and well-managed accommodation.

ARLA Propertymark is a member of the DWP Universal Credit Private Rented Sector Strategic Landlord Group and has worked hard to lobby for change in order to improve how Universal Credit works in the private rented sector.

In June 2019, David Cox, Chief Executive of ARLA Propertymark attended a roundtable at Number 10 to discuss the negative impacts of ‘No DSS’ adverts.

ARLA Propertymark member resources

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09 Nov 2017
Fact sheet: Universal Credit and private rented housing

Universal Credit is a new benefit brought in via the Welfare Reform Act 2012 to support people who are on low incomes or out of work. It is managed by the Department for Work and Pensions.

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09 Nov 2017
Fact sheet: Universal Credit and private rented housing (Scotland)

Universal Credit is a new benefit brought in via the Welfare Reform Act 2012 to support people who are on low incomes or out of work. It is managed by the Department for Work and Pensions.