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Second court case confirms ‘no DSS’ tenants is unlawful discrimination

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  • 09/09/2020
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Second court case confirms ‘no DSS’ tenants is unlawful discrimination
A disabled dad has won his legal trial against housing benefit discrimination marking the second time a UK court has ruled that ‘No DSS’ is unlawful. 

 

Stephen Tyler, 29, was able to successfully prove ‘No DSS’ discrimination is unlawful and in breach of the Equality Act after he was barred from viewing properties advertised by a Birmingham estate agent, purely on the grounds of receiving housing benefit 

The judgement was handed down at Birmingham County Court on 8 September.

The discrimination Tyler faced was deemed in breach of the Equality Act because it disproportionally affects disabled people, who are more likely to need some support with paying their rent. 

Research by housing charity Shelter found 45 per cent of private renters who claim disability benefits like Disability Living Allowance or Serious Disability Allowance also claim housing benefit.  

Her Honour Judge Mary Stacey ruled that: “There is no doubt that there was a blanket policy that no one in receipt of housing benefit would be considered for the three properties. It put the claimant and other disabled people at a particular disadvantage when compared to others. 

“To be told simply, because of his benefit status, that he could not apply for three properties which were perfectly located for his children’s school, his GP and health needs, and extended family support, […] would be distressing. 

She added: “We make a declaration that the defendant has unlawfully indirectly discriminated against the claimant by imposing a provision, criteria or practice (PCP) that those in receipt of housing benefit could not apply to those three properties.”  

The Tyler family lost their home in February 2018 after they asked the landlord to make  some disability adaptations to their home. The landlord responded by serving the family with a  Section  21 ‘no fault’ eviction notice.  

When looking for a suitable new property to rent, Tyler was told by estate agent Paul Carr that it was “company policy” to refuse to rent to people who receive housing benefit. This was despite him having a clean rental record and having always paid his rent on time.  

He has used a wheelchair since a  road traffic accident in December 2016 and lives with mental health issues. Following his accident, he needs substantial personal care, which is mainly provided by his  wife  Irene , who also cares for their young children.

Shelter’s legal team took on his homelessness case and helped his family to secure the social home they live  in  now.  

Tyler said: I feel relieved that its over. It’s been very stressful time. It is amazing to have won  not just for me but for the tens of thousands of people like me facing this discrimination.

“Hopefully now its clear that the law is on our side, things will change.” 

The case marks the second time a ‘No  DSS’ policy has been confirmed as unlawful in a UK court. The first historic hearing happened in July 2020 at York County Court involving a single mum-of-two.

Polly Neate, chief executive of Shelter, said: “Shelter has been fighting ‘No DSS discrimination  for the past two years because we know it pushes people to the brink of homelessness and leaves many feeling worthless. 

“This win proves  yet again that  blanket bans against people on housing benefit are  unlawful because they overwhelmingly bar women and  disabled people like Stephen, who are more likely to need help with their rent, from finding a safe home. 

“It’s senseless that  people who can afford private rents are being forced into homelessness by blind prejudice. 

“It’s now time for landlords and letting agents to  do better; they must consider tenants fairly,  based on  their ability to afford the rent – not where their income comes from. 

“And Shelter will continue campaigning until ‘No DSS’ is fully stamped out.”

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