No DSS: Landmark Court ruling declares housing benefit discrimination is unlawful

Right now, hundreds of thousands of renters are facing discrimination when looking for a home. They’re being locked out of properties they could otherwise afford – simply because they receive housing benefit.   

For a long time, letting agents and landlords have been putting in place so-called ‘no DSS’, ‘no benefits’, or ‘no Universal Credit’ policies to prevent renters who receive housing benefit from accessing homes.   

But today we have received official confirmation of a landmark court ruling declaring housing benefit discrimination unlawful, marking a huge breakthrough for our End DSS Discrimination campaign.  

An historic hearing 

Housing benefit discrimination has been confirmed as unlawful in a landmark court ruling. 

At the historic hearing at York County Court involving Shelter client Jane*, ‘no DSS’ discrimination was declared unlawful, meaning letting agents and private landlords will have to drive out old discriminatory practices for good.  

District Judge Victoria Elizabeth Mark confirmed that rejecting tenancy applications because the applicant is in receipt of housing benefit is unlawfully indirectly discriminatory on the grounds of sex and disability, and contrary to sections 19 and 29 of the Equality Act 2010.  

Discrimination and the Equality Act  

Under the Equality Act, it is unlawful to indirectly discriminate based on things like gender, disability or race. ‘No DSS’, ‘no benefits’ or ‘no Universal Credit’ policies breach the act via indirect discrimination, as they disproportionately harm women and disabled people, who are more likely to receive housing benefit.   

This court ruling has confirmed what we have been arguing – that anyone who seeks to exclude renters receiving housing benefit is not just acting unjustly, but unlawfully too. 

A win in the courts  

This is the first time that a UK court has fully considered a case like this.  

Shelter has been fighting to end DSS discrimination for nearly two years, and we have been involved in several other ‘no DSS’ cases. These all settled at an early stage, with each letting agent agreeing to change their practices and offering apologies and compensation to our clients.  

We’ve been pleased to see the changes that these individual letting agents have made, but to bring about widespread change across the private rented sector – and be able to help others who have experienced housing benefit discrimination in the future – we wanted a judge to make a formal ruling on a case.  

That’s the difference with Jane’s* case. It’s the first time a UK court has declared it unlawful to discriminate against someone because they receive housing benefit.  

Jane’s experience  

Jane turned to Shelter for help when a letting agent refused to rent any properties to her because of a company policy not to accept tenants receiving housing benefit.  

Jane is a hard-working single mum who lives with a disability. She had rented privately for 10 years, always paying her rent in full and on time, and has great references from her former landlords. She was able to pay her deposit and rent in advance due to her parents lending her money, which she was able to pay back to them – and she had a guarantor.  

When her landlord served her with a Section 21 ‘no-fault’ eviction notice, she needed to find a new home. She saw a suitable, affordable property and applied to rent it,  but the letting agents refused to consider her application – telling her that ‘for years’ they ‘have had a policy of not accepting housing benefit tenants’. She and her children were left homeless as a result. Jane told us:

I hope I’ll have helped people who aren’t able to be as determined as me. I’m like a dog with a bone. It’s the principle. It’s completely unfair to treat people like this, and I hope this will prove that letting agents can’t do this and prove they can’t discriminate.

Widespread change 

This landmark ruling will make a difference to the lives of hundreds of thousands of private renters across the country like Jane, who receive housing benefit and have been facing discrimination when looking for a home. 

We know the ‘no DSS’, ‘no benefits’ and ‘no Universal Credit’ policies are widespread, and that what Jane experienced is not a one-off occurrence. A 2020 YouGov survey found that 63% of private landlords either operate an outright ban on letting to tenants receiving housing benefit or say they prefer not to let to this group. 

But this ruling means that letting agents and private landlords will have to drive out old discriminatory practices for good, so that renters who receive housing benefit are no longer barred from renting any privately rented properties. 

We’ve seen how the coronavirus (COVID-19) pandemic has led to huge financial hardship, with hundreds of thousands of people losing work and urgently in need of support – including housing benefit – to help them pay their rent.  

Given the huge rise in the numbers of people receiving housing benefit due to the pandemic, we’re concerned that many more renters will be coming up against DSS discrimination.  

So, this ruling could not have come at a better time. It will make a huge difference to the lives of many private renters who are relying on housing benefit to keep their head above water.   

What happens next?  

Finally, we have formal clarification that DSS discrimination is unlawful. This win is what we need to end it for good.

Now that  it has been proven in the courts, we’ll be doubling up our efforts to end housing benefit discrimination for good – and make sure letting agents are complying with the ruling.  

Next General Meeting Saturday 27th March

H4A zoom meeting Saturday 27th March at 11am

Topic: Homes 4 All General Meeting – followed by Filling Empty Homes
Organising Meeting

Time: Mar 27, 2021 11:00 AM London

Join Zoom Meeting

https://us02web.zoom.us/j/82147506061

Meeting ID: 821 4750 6061

Agenda

The recent H4A summit debated inequalities in housing, health & wealth
and a government that has failed to offer any long-term solutions during
and beyond the Covid crisis. The Mayoral and local elections are looming
and we have an opportunity to make housing a key issue. We will  be
discussing:

Update from workshops & proposed activities over coming weeks
Action around Mayoral/local elections
Steering Group – need more volunteers
Empty Homes Day of Action 17th April – stay on zoom to join meeting
AOB

‘Empty Homes Day of Action’- Saturday April 17th 2021

We are joining with Action on Empty Homes for an ‘Empty Homes Day of Action’ on Saturday April 17th 2021 Join us!

Rally 11am to 12pm, Saturday 17th April

Online rally with national speakers 11am – 12noon
John Bird Founder Big Issue, Steve Turner Assistant General Secretary Unite Will McMahon, Action on Empty Homes, Tanya Murat, Homes For All, Jon Glackin, Streets Kitchen, Ellen Clifford Author, Disabled People Against Cuts, Moyra Samuels Grenfell Campaigner, Tyrone Scott Shelter, Hannah Berry Greater Manchester Housing Action

Online Rally Facebook Event here

Local Photoshoots and events on Saturday 17th April – ALL WELCOME!

1. Empty Homes Photoshoot at Manor Place Depot, Southwark SE17 Facebook Event here

2. Islington Homes for All Photoshoot at Breakout Café then Roman Way 10:45am

3. East London People Before Profit Facebook Event here EVERYONE WELCOME: please join the protest/photoshoot on Saturday 17th April 11am-12 Meet Morrison’s car park, Silvertown Way, Canning Town, E16 1ED. #thewronghousing

4. Haringey action: Saturday 17th April – 11.15 for 11.30 live stream to #EmptyHomes Rally outside Apex Gardens Seven Sisters Road / Junction Tottenham High Road Facebook event

Other events taking place include Harlow, Rochdale, Milton Keynes.

The Day of Action on 17th April aims to raise public awareness of the rising number of long-term empty homes and homes without a permanent resident in England.

Government and market data show there are around: 

  • 270,000 long-term empty homes
  • 260,000 second-homes without no permanent resident
  • 120,000 Airbnb type short-lets (London Councils estimate there are 80,000 short-lets in London alone)

We are calling this Day of Action for three reasons: 

  1. The pandemic has highlighted the health impacts of Temporary Accommodation and overcrowding – it has created a health emergency.
  2. The wrong kind of housing is being built in metropolitan areas. 
  3. Building the wrong kind of housing has created a crisis of affordability.

What will happen on the Day of Action?

  1. Campaigners will be staging photoshoots using campaign banners and placards outside new developments that do not contain any social housing, decanted council homes, housing association empty homes and older large residential properties that are long term empty.
  2. We will be live streaming a rally at 11am to 12pm, Saturday 17th April on multiple platforms including https://www.facebook.com/emptyhomes/ YouTube Action on Empty Homes YouTube Homes4ALLUK  https://www.facebook.com/Homes4AllUK    The online ‘rally’ will feature live streams from the local photoshoots as well as local and national speakers in the ‘studio’
  3. We will gather all the photoshoots and put them on our national websites and issue both local and national press releases for publicity purposes and demonstrate the breadth of support for the Day of Action. We aim to build a national picture of the problem.

How you can get involved

1. Organise your own local photoshoot or selfie for the Day of Action. Send your photos to info@emptyhomes.com  See below a step by step guide to organising your local event.

2. Order some of Day of Action posters for your photoshoot from Will at Action on Empty Homes – make a £10 donation to Action on Empty Homes to help us cover our costs – they will be available on Monday 22 March.

To order posters: E-mail info@emptyhomes.com

The posters will carry the following messages and hashtags: 

‘We are in a housing & health emergency!’    ‘Take Action on Empty Homes’   ‘Why is this home empty?’ 

#PrettyVacant  #EmptyHomes  #Fillemup #HomesNeedResidents #TheWrongHousing

Homes 4 All will also be using the hashtags

#RequisitionEmptyHomes on Facebook and Twitter

#FillEmptyCouncilHomes on Facebook and Twitter

3. Put out a local press release – there will be a template on the AEH website for you to use if you want to.

4. To find how many empty homes there are in your council area click here. This tells you a lot about empty homes in your area. E.g. one in 9 homes in Kensington and Chelsea are “out of use”.

4. To find out about whole house Airbnbs in your council area visit here: https://www.airdna.co/

5. Use your social media to advertise the Day of Action.

We will post resources on our webpages to help you make the best impact on the day.

https://www.actiononemptyhomes.org/ and http://www.axethehousingact.org.uk/

For more information call

Will at Action on Empty Homes on 07968 950223

Tanya at Homes 4 All on: 07792 786192

Background and resources

Southwark Defend Council Housing has been leading the campaign to #RequisitionEmptyHomes #FillEmptyCouncilHomes since Spring 2020 when it became obvious that the Coronavirus pandemic was killing people in overcrowded housing and homeless people at a much greater rate than the general population. Now, following the successful Homes 4 All Summit in February, Homes 4 All have agreed to take this campaign forward in collaboration with Action on Empty Homes.

To see the Southwark DCH petition and open letter to Southwark Council click here

To see the Southwark DCH arguments for councils to requisition empty homes click here

For more exciting facts about the successful post war peoples’ movement to requisition empty homes by Sam Burgum click here

Resources

Interested in organising an empty homes photoshoot your area? Below are all the resources you will need.

Poster

You can also order hard copy posters for your selfie or event and we can supply posters at A1, A2, A3 and A4 size

Letters

Letter inviting groups and organisations to support the day of action

Letter to candidates in local elections on May 6th CLICK HERE FOR LETTER – if an election is taking place in your area, the letter invites candidates to support the campaign 

If you are unsure whether there are local elections in your area you can check by clicking here

Next General Meeting – March 27th 2021

Our next is scheduled for Saturday 27th March 2021 at 11am via Zoom. Get in touch with us for the login details.

The meeting will be an opportunity to take stock of where we go after our summit, and build on the energy and ideas that emerged.  Please join us.

The size and level of involvement at our Rally & Summit gave a clear indication of people’s huge concerns about housing, especially during these past 12 months of Covid-19.  These include many issues: from the threat of mass evictions to cladding and building safety in the wake of Grenfell, health & wealth inequality
and a government that has failed to offer any long-term solutions during 
and beyond the Covid crisis.

The Mayoral and local elections are looming and we have an opportunity to make housing a key issue. We will be discussing:

Update from workshops & proposed activities over coming weeks
Action around Mayoral/local elections
Steering Group – need more volunteers
Filling the Empties – stay on zoom to join meeting
AOB

The proposed action plan from the Summit workshops are here: 
http://www.axethehousingact.org.uk/wp-content/uploads/2021/02/HousingSummit-Workshop-Actions.pdf
And Action on Empty Homes recommendations here: 
http://www.axethehousingact.org.uk/wp-content/uploads/2021/02/AEH-Summary-Recommendations-for-change.pdf

Here is a template letter to send to your MP ahead of Budget Day: 
http://www.axethehousingact.org.uk/wp-content/uploads/2021/02/final-UC-MP-letter-template-and-links.pdf

Housing and Health Emergency Rally and Summit – 19th & 20th February 2021

Join us at our online rally on the 19th February 2021 and our summit the following day on the 20th February to discuss the current housing and health emergency the UK is facing. The rally will take place on our Youtube and Facebook pages and the summit will be held via Zoom. Email us for the Zoom login details.

We’ll be planning action on the following issues:

Evictions • Demolitions • Disrepair • Homelessness • Dangerous cladding • Overcrowding • Slumlords • Privatisation • Corruption • Broken planning • Unaffordable rents • Grenfell • Empty homes • Gentrification • Food-banks • Poverty • Ill-health

We’re getting a very encouraging response, with some excellent speakers lined-up – help us spread the word by sharing the Facebook event.

We look forward to seeing you there.

Next Online Organising Meeting – 13th February 2021, 11am

Our next organising meeting is Saturday 13th February at 11am via Zoom.

Login details will be emailed to our mailing list – sign up today.

These are very difficult times, but it’s essential we keep up the fight to win Homes for All, not just during a pandemic, but always.   So we are looking to link up and involve others in a determined campaign to prevent more distress, insecurity and homelessness.

Get in touch if there are housing issues we can help with, or if you 
need a hand.

Action plans from the previous meetings can be found in our Resources.

It’s clear whose interests Government is lining up with: Housing 
minister Lord Greenhalgh says more evictions are how to end lockdown, 
and the Government is pushing owners to convert more commercial 
buildings into homes without planning approval
and the safety controls 
involved.  But tenants also won a victory this week, when a district 
Court said it’s illegal for landlords to ban tenants claiming housing 
benefit (though Government is trying to overturn this by appeal).

We want to step up pressure for Government action to stop a wave of 
evictions, suspend rents for those losing income, pay housing and other 
benefits from day one, and start work to create 100,000 new council 
homes.  The Prime Minister is promising more investment in public
infrastructure – but still leaving council housing off his list.  We
will work out ways to step up the pressure for investment in new and
reclaimed council homes.

We’ve urged the Labour Party to continue their pledge to reform national housing policy on Labour’s policy forum:
https://www.policyforum.labour.org.uk/commissions/homes-for-all

Our survey has confirmed how tenants, and especially private 
renters and those who are ill, are struggling.  You can see the initial 
results here: 
http://www.axethehousingact.org.uk/uncategorized/our-survey-confirms-covid-impact-on-tenants/

Ken Loach: The Fightback Against Evictions and Poverty – Online Event, November 25th 2020

Homes for All is delighted that Ken Loach will be joining us for an online meeting to discuss building resistance to the growing threat of evictions and poverty.

Loach will join us on 25th November 2020, showing clips from his films to highlight the threat of austerity and evictions.

Then he will take part in a panel discussion with Acorn tenant campaigners, Berlin tenants on winning rent cuts, and others.  We hope you can join in, and get others 
to do the same. See the Facebook event here: 
https://www.facebook.com/events/1035799210217477 

And stream the event live here from 6.30 PM:

https://www.facebook.com/Homes4AllUK/videos/371209827270500/

Please share and invite friends. We look forward to seeing you there.

Ditch the Developers’ Charter – Online Meeting, November 7th

Consultation on the government’s Planning White Paper is still open. Homes for All has been involved in preparing a collective response to this “developer’s charter” which would lead to even fewer homes working class people can afford. 

Please add your own voice, using the link below.  The deadline is 29th October:
https://www.gov.uk/government/consultations/planning-for-the-future

To build the fight against the Planning White Paper, we’re holding a 
dedicated online meeting to discuss how to fight back against this injustice on November 7th 2020 at 11:00 AM.
The meeting will be held via Zoom, meeting details will be sent to our database – email us if you would like to join.

Despite the scale of the housing crisis, public land and money is still being handed to private developers, instead of being used to build the homes we need.  A shocking example is at the ex- Holloway Prison in north London, where Peabody Housing Association, who made £197 million last year, have acquired a 10-acre site where 1,000 council homes could be built.  Peabody got the site for £81 million thanks to loans and grants from the Mayor of London.  But now they’re trying to renege on their promise that at least 42% of the new homes will be for social rent. 

slington Homes for All has set up a petition in protest.  Please sign and share by going to their Facebook page:
https://www.facebook.com/IslingtonKillTheHousingBill/

Homes For All – Online Workshop 26th September 2020

On Saturday 26th 11,30am, we have a Homes For All workshop on the 
government’s planned White Paper, and how to raise objections 
effectively. The meeting will be held online via Zoom and all are welcome. Sign up to our mailing list to receive invitation details.

The gloomy prospect of job losses and the resumption of evictions and 
home repossessions, makes it more important to organise opposition and 
demand action.  Please support the Generation Rent petition on ending 
the rent debt crisis:   https://www.generationrent.org/coronavirusdebt

Our latest public online meeting buzzed with ideas on organising and resisting. 
You can watch it through Facebook:
https://www.facebook.com/watch/live/?v=3195686100550555&external_log_id=0292a43ceafc1d7a7b4b4d0bbeec9921


Or on the Homes 4 All UK Youtube channel

No Evictions Protest, 16th September 2020 London

On Wednesday 16th September from 11am – 12.30pm, we are co-ordinating a “No 
Evictions” protest in Parliament Square, to coincide with Prime 
Minister’s Question Time. 

The government said “no-one will lose their home because of a pandemic”.  
But unless it changes course, that’s what will start happening on Monday 
21st September, when courts are due to begin eviction cases again.  We’ve heard vague noises about more protection for tenants, but nothing definite, so it’s time to make our voices heard.

We hope MPs will ask questions about how we avoid what Shelter has called the threat of a “tidal wave” of homelessness.

The protest will be socially-distanced and people are encouraged to wear a face mask.  Bring your banner or signs. 

The Facebook event page is here: https://www.facebook.com/events/2437328036571396/

Please share if you can.  All welcome.