Under the Equality Act 2010, it is unlawful to discriminate on the basis of 'protected characteristics' such as race, gender, sexual orientation, religious belief or disability, including when deciding whether to rent a property to a prospective tenant.
It is worth noting that this includes not only direct discrimination (e.g. advertising for males or females only) but also what is known as indirect discrimination, i.e. applying criteria which disproportionately affect particular groups (unless the landlord can show that their policy is a proportionate means of achieving a legitimate aim).
There is a partial exception for people who are renting out parts of properties that they (or a close relative) will be occupying themselves, and sharing particular parts of that accommodation with their tenant.
To qualify the following conditions must all be met:
- The landlord or landlord's relative must live in another part of the same property.
- The landlord or landlord’s relative must share parts of the property with the other residents. This must extend beyond common accessways and will most likely be kitchens or bathrooms
And either:
- The property includes accommodation for one other household but not more than two other separate households; or
- The property is not normally sufficient to provide residential accommodation for more than six people in addition to the Landlord or Landlord's relative
Landlords in this position are still not permitted to discriminate on the basis of race (including nationality and origin as well as skin colour), but may state a preference for male or female tenants.
Advertising for tenants in shared houses
It is important to note the above exception is only available to those who meet the particular criteria as outlined above. Advertisements for rooms in shared houses which do not meet the above criteria should not include a preference for male or female tenants.
OpenRent's support team will always do their best to enable landlords to advertise with as much freedom as the law allows, but please note that our team may sometimes need to amend adverts if there appears to be a risk of the advert containing unlawful content. This is for the protection and benefit of all our users.
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.