York mum wins landmark housing case

York County Court has ruled that a letting agency’s “No DSS” policy discriminated against a prospective tenant from York – and that has been described as a “momentous” judgment, by the housing charity Shelter.

The case involved a single mother who inquired about renting a two-bedroom property in the city.

She was told her application would not be considered as she was in receipt of housing benefit.

District Judge Victoria Mark ruled that the prospective tenant had been indirectly discriminated against due to her sex and disability.

In her ruling, the judge concluded:

“The defendant’s former policy of 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 sections 19 and 29 of the Equality Act 2010.”

The defendant, a lettings agent, and the claimant, a 44-year-old mother-of-two, were not named in the judgment.

Shelter said the ruling is “a huge breakthrough” for its 'End DSS Discrimination' campaign.

Chief executive Polly Neate:

“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 benefit.

Shelter’s ‘No DSS’ campaign has had a tough fight for people’s right to a safe home. ”

Rose Arnall, the Shelter solicitor who led the case, said:

“This is the first time a court has fully considered a case like this. It finally clarifies that discriminating against people in need of housing benefit is not just morally wrong, it is against the law.

This sends a huge signal to letting agents and landlords that they must end these practices and do so immediately.”

Shelter said 63% of private landlords say they do not let, or prefer not to let, to people who receive housing benefit.

District Judge Mark said in her ruling:

“This overall picture is also borne out by the simple calculation which shows that, whilst women make up 50.6% of the population, they constitute 61% of Housing Benefit claimants. It is therefore evident that women are substantially more likely than men to claim Housing Benefit and thus more likely to be adversely affected by a No DSS policy. Again, it is clear that a No DSS policy puts or would put persons who are disabled at a particular disadvantage.”

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