Challenging 'no DSS' benefit discrimination

If a landlord or letting agent refuses to rent to you because you’re on benefits, this is discrimination and it’s unlawful. 

If you experience benefit discrimination, you can take steps to challenge it.

Why benefit discrimination is unlawful

Refusing to rent to people on benefits indirectly discriminates against women and disabled people, who are more likely to get housing-related benefits. Sex and disability are protected characteristics under the Equality Act 2010.

If you are not a woman or disabled, you can still challenge benefit discrimination.

Examples of benefit discrimination

‘No DSS’

‘No DSS’ is an outdated term that means a landlord or letting agent will not rent to people who get benefits. DSS means Department of Social Security, which used to be the government department responsible for benefits. 

Any other way of saying ‘no benefits’ is discrimination too. For example, if an advert says:

• no Housing Benefit 

• no Universal Credit

• professionals only

It's discrimination if a letting agent tells you the landlord does not accept people getting benefits.

Unfair affordability checks

Landlords and letting agents can check your income and credit rating to see whether you can afford the rent. It’s discrimination if you automatically fail affordability checks because you get benefits.

A landlord or letting agent must not use referencing companies that exclude people getting benefits.

Unfair terms of mortgage or insurance policies

Some landlords say they cannot rent to people getting benefits because of their mortgage terms or their landlord insurance.

Tell the landlord that these terms are not likely to be enforceable, because they are discriminatory. 

Many companies have removed these policies. Ask for a copy of the policy so you can check.

Responding to ‘No DSS’ ads if you get benefits

Step 1: check you can afford the rent

Before contacting a landlord or letting agent, make sure you can afford the rent. 

Check the Local Housing Allowance rate. This is how much you could get towards your rent from Universal Credit or Housing Benefit.

Make sure your income will be enough to pay the rent and your living costs. Use Money Helper’s budget planner to work this out. You’ll need details of your income and spending, and the rent for the new property.

Step 2: request a viewing

Contact the landlord or letting agent and tell them you’re interested in renting the property. 

Copy and paste this sample text and personalise it with your details. Delete anything that does not apply to you. 

If they ask you to prove you can afford the rent, you could provide any of the following:

• bank statements showing you've made regular rent payments

• a budget showing that your income will cover the rent

• a reference from your current landlord, if you have one

• a character reference from an employer, teacher, neighbour or family friend

Step 3: if they refuse to let you view or rent the property

Write a complaint to the landlord or letting agent. Send them a letter or email saying:

• they are discriminating against you

• no DSS policies are unlawful

• you could take legal action if they do not reconsider

Say what you want them to do, such as:

• let you view the property and consider you for a tenancy

• tell you about any other properties they're advertising

• consider you for other properties in future

If you're complaining to a letting agent, check if they're following the letting agent code of practice on Gov.scot. Rules 22, 42 and 51 are specifically about discrimination. If they are not following these rules, mention them in your complaint.

Copy and paste this sample text and personalise it with your details. Delete anything that does not apply to you. 

Step 4: if your complaint does not work

If you want to go further than making a complaint, you may need to consider taking legal action.

There are time limits for raising a claim, so get legal advice as soon as possible. 

You could:

• get free advice from the Equality Advisory and Support Service, who are equality law and discrimination experts

• find a solicitor on Law Society of Scotland to help you take court action

You may be eligible for free legal advice or legal aid to help with the costs of legal action.

If you're complaining about a letting agent

You have the option of applying to the First-tier Tribunal for Scotland (Housing and Property Chamber). The tribunal can decide if the letting agent has broken the letting agent code of practice.

Check our advice on applying to the tribunal about a letting agent.

Getting evidence of discrimination

Keep copies of:

• adverts saying no DSS or no benefits

• letters or emails you get saying they do not rent to people getting benefits

• letters or emails that you send challenging no DSS

If someone says something discriminatory on the phone, follow it up. Write an email or letter asking them to confirm what they said.

If you send letters, send them by recorded delivery so you have proof of delivery.

You can use this evidence to make a complaint or take legal action.

If you need more help finding a home

Check our advice on:

• finding a privately rented home

• getting help to pay a deposit and first month’s rent

• applying for social housing