It will have been difficult for private landlords and managing agents to have missed the news this morning that a Court ruling has confirmed that a blanket ban on letting to DSS claimants is unlawful. Although this latest case is not the first challenge to blanket bans in which DSS claimants are not considered potential tenants, earlier cases have settled out of court, so that the Court has not considered the law or handed down judgment.
The case, which is now the centre of attention, was heard in York County Court in early July 2020. The names of the tenant and the managing agent concerned have not been disclosed, but the tenant had previously been evicted as a result of a no-fault eviction under section 21. She was able to offer good references from two previous landlords covering the last nine years and could provide a solid guarantor but was unable to find accommodation as a result of bans on DSS claimants. The Court found that there had been indirect discrimination under the Equality Act 2010.
It is important to note that the case was heard by a District Judge in the County Court and is therefore not binding on other Courts or Judges, so that claims that this is a “landmark case” are perhaps over-stating the importance of this decision. However, landlords and managing agents will wish to avoid blanket bans which operate against DSS claimants and consider applications on a case by case basis. This will involve taking into account affordability, references and guarantors to avoid similar challenges in the County Court.
