Rental discrimination is becoming a more important issue for landlords. At Scoffield Stone, we are helping landlords across South Derbyshire and East Staffordshire understand how fair applicant assessment, careful advert wording and consistent process can reduce avoidable risk.
Why rental discrimination matters for landlords
Most landlords are not trying to treat people unfairly. However, problems can still arise through habit, poor wording or a blanket rule that feels simple but creates risk.
The Equality Act 2010 protects people from discrimination in wider society, not just at work. That means housing decisions can also come under scrutiny. GOV.UK guidance also now explains that landlords must not do anything to make a tenant less likely to rent a property, or prevent them from renting it, because they have children or receive benefits. (GOV.UK)
As a result, this is not just a technical point. It is a real management issue for landlords, agents and anyone involved in applicant selection.
Rental discrimination often starts before a viewing
Many landlords assume the real legal risk starts when they choose one applicant over another. In practice, it can begin much earlier.
A property advert, an email reply, a phone call or a viewing decision can all create problems if the wording suggests that some applicants will not be considered at all. The latest GOV.UK landlord guidance says this could include withholding information about a property or stopping someone from viewing because they have children or receive benefits. (GOV.UK)
Therefore, landlords need to think carefully about the full journey, not just the final decision.
Common examples landlords should avoid
The safest approach is to avoid broad statements such as:
- no benefit claimants
- no children
- professionals only, unless there is a clearly lawful reason and careful wording
- automatic refusals before affordability or suitability is assessed
These kinds of shortcuts may feel efficient. However, they can create unnecessary risk because they ignore the individual circumstances of the applicant. The GOV.UK rental discrimination guide says landlords will not be able to make someone less likely to rent because they receive benefits or have children. (GOV.UK)
Fair tenant selection is still possible
Landlords can still make sensible commercial decisions. The law does not force a landlord to accept every applicant.
What matters is the basis of the decision. A landlord can still consider:
- affordability
- referencing results
- credit profile
- suitability for the property
- lawful occupancy limits
- relevant insurance or lease restrictions
The key is that the reason must be relevant, evidence based and applied consistently. In addition, the decision should relate to the actual applicant and the actual property, not a blanket assumption. This is also the practical theme in the discrimination draft you uploaded, which focuses on fair, consistent and well documented decision making.
Indirect discrimination is often the bigger risk
Direct discrimination is easier to spot. Indirect discrimination is often where landlords get caught out.
This happens when a policy appears neutral but disadvantages certain groups in practice. GOV.UK guidance on the Equality Act explains that the Act sets out different ways in which unlawful treatment can occur, including indirect discrimination. (GOV.UK)
For example, a rigid policy that rules out all benefit claimants may affect women more heavily because more single mothers receive benefits than single fathers. That practical concern is reflected in the course notes behind your draft, and it matches the wider direction of current government guidance on rental discrimination. (GOV.UK)
Because of that, landlords should move away from default refusals and towards clear, structured assessment.
Right to Rent checks must be done without discrimination
This is another area where landlords need to be careful. Right to Rent checks remain part of the letting process in England. However, those checks must be carried out without unlawful discrimination.
The Home Office code of practice says landlords and agents should apply checks to all adult occupiers, and should do so without regard to race, religion or other protected characteristics. It also says there is a separate code specifically aimed at avoiding unlawful discrimination when carrying out Right to Rent checks. (GOV.UK)
So, the safest rule is simple. Apply the same process to every adult applicant. Do not make assumptions based on appearance, accent, name or nationality.
Local note for Derbyshire and Staffordshire landlords
For landlords in Burton upon Trent, Swadlincote, Hilton, Etwall, Repton, Melbourne and Castle Donington, this issue is usually less about deliberate discrimination and more about process.
Many local landlords manage property alongside busy jobs or family commitments. Because of that, it is easy for an advert to use old wording or for a quick phone screening call to drift into blanket decision making. However, small habits can create bigger problems later.
That is why landlords across South Derbyshire and East Staffordshire benefit from having clear advert wording, consistent referencing criteria and a proper record of why an applicant was accepted or refused.
Practical steps landlords can take now
A few sensible changes can make a big difference.
Review your advert wording
Check that your listings do not exclude groups automatically. Keep the language focused on the property, the rent and the objective requirements.
Use a consistent assessment process
Set out what you will check for every applicant. For example, affordability, references and suitability. Then apply the same process every time.
Record the reason for the decision
If you refuse an applicant, note the reason clearly. Keep it factual, relevant and linked to the property or the referencing outcome.
Apply Right to Rent checks consistently
Carry out checks on all adult occupiers in the same way. Do not vary the process based on assumptions.
Ask for advice before using restrictive wording
This is especially important where lease restrictions, occupancy limits or insurance issues may affect who can rent the property.
How Scoffield Stone can help
At Scoffield Stone, we help landlords across South Derbyshire and East Staffordshire take a practical approach to lettings compliance.
That includes:
- clearer advert wording
- more consistent applicant handling
- structured referencing
- better record keeping
- sensible guidance when a landlord is unsure
The aim is not to make letting more complicated. It is to make the process safer, clearer and easier to defend if questions are raised later.
FAQ
Can a landlord still reject an applicant?
Yes. However, the reason should be relevant, fair and properly documented. Affordability, references and suitability can still be considered. (GOV.UK)
Is “no DSS” still safe wording?
No, that wording creates obvious risk. Landlords should avoid blanket exclusions and assess applicants on their actual circumstances instead. (GOV.UK)
Do Right to Rent checks allow landlords to treat applicants differently?
No. The Home Office says checks should be applied to all adult occupiers without regard to race, religion or other protected characteristics. (GOV.UK)
What is the safest way to choose between applicants?
Use a consistent process, focus on evidence, and record the reason for the final decision. That approach is usually much safer than informal judgement alone.
Conclusion
Rental discrimination is not always obvious. In many cases, it grows out of routine wording, inconsistent screening or broad assumptions.
However, landlords can reduce that risk with a fair process, good records and careful communication.
If you would like practical guidance on adverts, applicant assessment or landlord compliance, contact Scoffield Stone for clear, local advice.