Landlord Discrimination UK: Discussing Racial Issues in the Rental Market

landlord and tenant racial discrimination in the property market
Racial Discrimination

What is Racial Discrimination?

Racial discrimination in the rental market refers to the unfair treatment of individuals based on their race, ethnicity, ethnic or national origins, which are protected characteristics under the Equality Act 2010. This act safeguards individuals from discrimination and outlines the legal obligations for landlords. Discrimination can manifest in various ways, such as refusing to rent to someone, offering different terms, or providing unequal services based on these traits. Landlords are also required to verify the immigration status of prospective tenants before establishing a new tenancy agreement, ensuring compliance with legal requirements.

Defining Racial Discrimination in the Rental Market

Racial discrimination in the rental market, a form of discrimination based on a protected characteristic, can manifest in various ways, such as:

  • Refusing to let a property to someone based on their race or ethnicity.
  • Charging higher rents or deposits to individuals from certain racial or ethnic groups.
  • Providing inferior housing conditions or services to individuals from certain racial or ethnic groups.
  • Using racial or ethnic stereotypes to make decisions about who to let a property to.

Forms of Racial Discrimination

Racial discrimination, including direct and indirect discrimination, can take many forms, including:

  • Direct discrimination: Treating someone less favorably because of their race or ethnicity.
  • Indirect discrimination: Applying a policy or practice that appears neutral but disproportionately affects individuals from certain racial or ethnic groups.
  • Harassment: Unwanted conduct related to race or ethnicity that creates an intimidating, hostile, or offensive environment.
  • Victimisation: Treating someone unfairly because they have made a complaint about racial discrimination.

Identifying Different Forms of Discrimination in Housing

It is essential to recognize the different forms of racial discrimination in housing to address and prevent them. Some common examples of racial discrimination in housing include:

  • A landlord refusing to let a property to someone because of their accent or name.
  • A letting agent using racial stereotypes to decide who to show properties to.
  • A property manager providing inferior maintenance services to properties occupied by individuals from certain racial or ethnic groups.

The Challenge of Unlawful Discrimination in the UK Property Market

With around 2.66 million private landlords in the UK, discrimination in the property market is very tricky to monitor and a lot of the time even pick up on when you are the one being discriminated against. Private landlords are required to conduct rent checks to verify the immigration status of prospective tenants under the Right to Rent scheme. To make matters more difficult, under the government’s ‘Right to Rent’ scheme, landlords are required to carry out immigration checks or they may incur up to a £3,000 fine and even imprisonment of up to 5 years. Many believe this encourages racial discrimination in the market and this has left many more questioning how we can abolish this. With only 1.2% of people working in the built environment identifying as black, Asian, and minority ethnic (BAME), further questions are raised around the advice and support available to all areas of the market, not just tenants.

Legal Aspects and Examples

The Equality Act 2010 prohibits unlawful discrimination in letting and sub-letting based on any protected characteristic. Some examples of unlawful discrimination include:

  • A landlord refusing to let a property to someone because they are from a certain ethnic group.
  • A letting agent charging higher fees to individuals from certain racial or ethnic groups.
  • A property manager providing inferior housing conditions to individuals from certain racial or ethnic groups.

Landlords and letting agents must ensure that they do not discriminate against prospective tenants based on their race or ethnicity. They must also make reasonable adjustments to prevent discrimination and provide equal access to housing opportunities.

In the event of unlawful discrimination, individuals can make a discrimination claim to the County Court. It is essential for landlords and letting agents to understand their obligations under the Equality Act 2010 and to take steps to prevent racial discrimination in the rental market.

Private landlords must also be aware of their responsibilities under the Right to Rent scheme, which requires them to check the immigration status of prospective tenants. However, this scheme must be implemented in a way that does not discriminate against individuals based on their race or ethnicity.

In summary, racial discrimination in the rental market is a serious issue that can take many forms. Landlords and letting agents must be aware of their obligations under the Equality Act 2010 and take steps to prevent discrimination. Individuals who experience racial discrimination can make a discrimination claim to the County Court.

Impact of the ‘Right to Rent’ Scheme on Prospective Tenants

One would assume that processes have only improved with time and as a result equality, but since the ‘Right to Rent’ scheme was introduced the Residential Landlords Association reported that 44% of private landlords are now less likely to rent to those without a British passport. Landlords can use the Landlord Checking Service to verify a potential tenant’s right to rent, ensuring compliance with legal obligations and avoiding discrimination claims. This has arguably only worsened as the Home Office has just last week tried to digitise the process by introducing an online screening service where landlords could simply vet an individual based on their name or race so as not to risk a fine or worse yet, deciding it may save themselves time without carrying out the proper immigration checks. Stories don’t seem to show any signs of improvement either – only a few years ago the so-called ‘buy-to-let king‘ Fergus Wilson, who owned over 1,000 properties in the UK, was reprimanded in court for banning tenants based on their ethnicity.

Grassroots Movements and Positive Changes

Such shocking stories leave many to wonder if enough has been done to protect landlords and tenants from racial discrimination in housing, however, it doesn’t appear to all be doom and gloom. Tenants who believe they have experienced discrimination can make a formal complaint using template letters provided by organizations like Shelter. There are many impressive grassroots movements to be aware of across social media such as Black Landlords UK (BLUK) who host quarterly events (open to everyone of course), with keynote speakers providing advice and a space to encourage black landlords to network. Most notably, over the last few years BAME in Property seems to be making huge strides in improving ethnic diversity in the property and planning industries by tackling the issue on all fronts. By engaging the Ministry of Housing and local government, contributing to industry-wide research and providing a united front by joining other diversity groups like Women in Planning, BAME in Property along with their founder Priya Shah have received wide acclaim and have gained many partners as a result. This kind of comprehensive work should inspire all looking to promote diversity in property.

The Role of Education in Combating Racism in Housing

It goes without saying there’s always a lot more that can be done which naturally starts with education. Policies or actions that can demonstrate they are a proportionate means of achieving a legitimate aim may not be considered unlawful discrimination. On the surface there doesn’t appear to be a big enough narrative on racism in housing but there are actually many useful sources published to better educate yourself – some key reading that still maintains strong relevance dating all the way back to the 1960s. Sarah Neal published a symposium on race and community, focusing on John Rex and Robert Moore’s study of migrant settlement and community issues in Birmingham in the early 1960s. She argues that 50 years on the study resonates with modern-day urban environments and theoretical concerns. There has also been a lot of work around racial disparity in housing released since this was released in 2014, markedly from the Human City Institute and their piece ‘A Window on Race and Housing Disadvantage and Exclusion‘. This however stops with the government and systemic issues need to be addressed, Theresa May’s racial disparity audit was a huge step in the right direction but this doesn’t seem to have been followed up with any major positive changes in housing.

Addressing Structural Issues in Racial Discrimination

Whilst progress has clearly been made, there are clear structural issues in place that arguably facilitate racial discrimination and make it harder for black people and ethnic minorities to rent than white people, primarily the ‘Right to Rent’ scheme – as found by the Court of Appeal. If everyday landlords are being forced to make decisions on immigration, they need to be held accountable for their rejections, and the process should be made more democratic – this is a key example of the need for a better systematic regulatory framework to be put in place by the government to hold landlords accountable. The narrative is there, as are support groups such as BLUK and the Race Equality Foundation, so with continued support and more all-encompassing work like that of BAME in Property, we should all be positive significant improvements will be made. With all that being said – is there more we can be doing to identify and eliminate these structural problems?

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