Episode Details

“No DSS” tenant blanket ban ignored by buy-to-let landlords despite ‘unlawful’ ruling by Judge

The BBC has launched its own investigation into landlords who still advertise their properties to rent using the terms “No DSS” or “Working tenants only”. Last month, a District Judge has ruled that blanket bans on renting properties to people on housing benefit are unlawful and discriminatory.

The county court ruling found a single mother-of-two had experienced indirect discrimination when a letting agent refused to rent to her. She subsequently ended up homeless with her two children, when her case was taken on by housing charity Shelter.

The judge ruled "No DSS" rental bans are against equality laws.

District Judge Victoria Mark heard the case in York County Court on 1 July, and ruled: "Rejecting tenancy applications because the applicant is in receipt of housing benefit was unlawfully discriminating on the grounds of sex and disability" and “contrary to the Equality Act 2010”.

According to a BBC report, landlords are apparently still flouting the “ruling”.

However, a lower county court ruling may influence other court decisions as a ‘persuasive authority’ in similar cases, but is not binding in law.

The National Residential Landlords Association's (NRLA) Deputy Director for policy and research, John Stewart, told the BBC that it had "always advised landlords they should not blanket ban benefit claimants" but the "fundamental issue was the affordability of renting".

He added that there are a number of valid reasons why rental listings said benefit claimants were not accepted, including:

• The timeliness and levels of benefit awards - including complaints about universal credit, a shortfall between housing benefit and private sector rents and in some cases, fluctuating levels of benefit income
• Banks and insurers saw benefit claimants as higher risk
• Landlords trying to avoid extra fees for tenants who would fail credit checks and references

Complaints about Universal Credit taking months to pay landlords and then giving the rent directly to the tenant have been widespread.

Source: BBC

Shelter is a left-leaning charity which campaigns for the end of “no fault” evictions, further regulation in the social housing sector and new laws to force landowners to build more social housing.

The organisation has an annual income of £67 million, of which £18 million comes from “grants and contracts”, some of which comes from government or taxpayer’s money. They reported a £3.5 million “surplus” (charities do not pay tax and cannot make profits so the make surpluses instead), in 2018/19. The CEO is paid a salary of £128,000 a year – over 4 times the UK national average wage.

Shelter holds £16 million in reserves according to its Annual Report 2018/19 and had fund balances of £26 million. Although they could build a lot of social housing with £26 million, Shelter does not provide “shelter” or housing.

Left-wing pressure groups like Shelter would like to take the private rented sector seventy years back to the days of rent controls and effective lifelong tenancies or ‘sitting tenants’, which would have the effect of private landlords deserting the market in droves. Ironically, rent controls in the 1950’s and 1960’s led to a shortage of private rental properties and the very rogue slum landlords which led to Shelter being founded.

Everyone in the UK should have a home, but does that mean everyone has a “right” to a home or a legal right to rent a home from a private buy-to-let landlord regardless of their circumstances?

We are supposed to be living in a free and democratic capitalist country, not a Marxist state. Landlords must also be abl