Challenging DSS Discrimination Toolkit

If you have experienced a ‘no DSS’ policy, you have probably been discriminated against. Use this Toolkit to work out what you can do.

What is a no DSS policy?

A ‘no DSS’ policy is when an agent or landlord refuses to rent to anyone who gets benefits.

This could include

refusing to let you view a property, even though you can afford it
not considering you for an occupation contract because you’re on benefits, such as universal credit or housing benefit
advertising properties as ‘no DSS’, ‘no benefits’ or ‘working professionals only.

The courts have ruled that ‘no DSS’ policies are unlawful because they indirectly discriminate against women and disabled people.

Some agents or landlords might try and give an excuse for refusing to rent to you. For example:

you need a guarantor because you’re on benefits
you’ll automatically fail affordability, referencing or credit checks
the landlord, mortgage lender or insurance company won’t allow it.

It’s likely to be DSS discrimination if a property is affordable, but the agent makes assumptions about your ability to pay or your suitability as a contract-holder.

Proving to the agent or landlord that you can afford the rent

Landlords and agents should not assume that you can’t afford the rent just because you get benefits. Be prepared to be able to show that you can afford the rent and other up-front costs such as the deposit.

You can do this by:

answering questions about your income honestly
checking your local housing allowance (LHA) rate so you can get an idea of how much help you will get with your rent. Check your LHA rate here
providing information about other income
explaining how you can make up any shortfall between the rent and your LHA. For example, from wages, other benefits or child maintenance
providing proof that you have a good history of paying rent – for example, bank statements or references
offering to pay rent in advance if you can.

Affordability and credit checks

Some landlords or agents ask you to pass an affordability or credit check. They can’t charge for these checks and it will be DSS discrimination if you’re told that you will automatically fail a check because you get benefits.

If you can afford the rent but have a poor credit rating, ask if the credit check could be waived. You could ask if a friend or family member can act as a guarantor instead.

Keep a record of your property search

Keep a record of agents’ responses when you ask to view or rent a property.

Save emails or messages. If you speak to an agent in person or on the phone, note down their name and what was said as soon as you can. This can help later if you need evidence of what you were told.

Complaining to the letting agent

You can complain to an agent if you’ve faced DSS discrimination in your search for a home, regardless of your sex or disability. A complaint won’t always work but it gives the agent a chance to put things right.

Use the sample text below to help you put together an email or text to the agent.

-Click anywhere in the white box to make changes. Delete or change parts marked with an ***.

-Once you’re done, click copy text to clipboard. Check and save your message before you send it.

-Allow the agent time to investigate and respond to your complaint.

***Write your name and contact details
Write the agency name and contact details 
Add the date***
Dear Sir/Madam
On [date] I saw a suitable affordable property at [address].
It was advertised for rent at £[***] a month.
***Include a link or screenshot of the advert if you have one***
I contacted your agency to ask about the property and was told that you don’t accept contract-holders who need to claim benefits.
The fact that I receive benefits is not a valid reason to:
•	refuse me a viewing or
•	turn down my application to rent the property.
I am writing to ask you to reconsider your decision and allow me to apply to view or rent the property.
My personal situation
***Explain your personal situation
Women and disabled people are more likely to be affected by no DSS policies so mention these things if they apply to you
Eg: I am a single woman with 2 school age children. I work in the local area.
      I have a disability and receive personal independence payment (PIP) in addition to my wages and other benefits.***
My financial situation
***Explain your financial situation
Eg: My total monthly income is £[***] made up of wages and benefits.
      I’m entitled to up to £[***] towards my rent under local housing allowance rules. I can top this up from other income.***
I can also provide:
•	£[***] deposit
•	£[***] rent in advance
•	a reference from my current or former landlord
•	a guarantor.
*** Give information about your most recent occupation contract. Explain why you’re looking to move.
Eg: I currently rent a similar property. The rent is £[***]. I have always paid in full and on time.
      I have lived here for [***] years. Unfortunately, my landlord intends to sell up so I’m looking for somewhere else to rent.
What the law says about no DSS policies
The courts have ruled that ‘no DSS’ policies are unlawful under the Equality Act 2010.  Refusing applications to rent a property just because someone is in receipt of benefits is unlawful indirect discrimination on the grounds of sex and disability.
***Include this section if the agent says it’s the landlord’s choice
You have told me that it’s the landlord’s choice not to rent to contract-holders receiving benefits.
As an agent if you take an instruction to discriminate from a landlord, this breaches equality law.***
***Include this section if the agent says the landlord’s mortgage or insurance company won’t allow lettings to contract-holders on benefits
You have told me that the landlord’s mortgage lender or insurance company won’t allow lettings to contract-holders receiving benefits. 
Most mortgage lenders have dropped these types of restrictions already.
Many insurance companies offer landlord insurance that does cover lettings to contract-holders in receipt of benefits.***
Summary 
I still wish to view or rent this property.
I have shown that I should be considered a suitable contract-holder for this property or similar properties.
Please reply within 15 days to confirm that:
1. You will reconsider my application for this property or other suitable properties.
2. You will no longer reject applications on the grounds that a contract-holder is receiving benefits.
I look forward to hearing from you.
Add your name and contact details

Report discrimination

Shelter Cymru are working with partners to end discrimination in housing.

If you think you have been discriminated against by an agent or landlord because you are on benefits, or you have seen an advert by an agent or landlord that discriminates in this way, you can report the matter by filling out a short form on our website.

The report can be anonymous and any discrimination identified will be passed to Rent Smart Wales (RSW) for investigation. All RSW licensed landlords and agents have conditions that they must keep to and if they don’t they could have their licence revoked.

Take a look at our End Discrimination Campaign for more details about how to fight and report discrimination.

Challenging DSS Discrimination Toolkit

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