No DSS Brings Legal Victories to Two Unhappy Renters

Thursday 27 February, 2020 Written by  Hannah Richardson, Education and social affairs reporterBBC/Simon Collyer
Emma Loffle

NO DSS - Amanda Staples and Emma Loffler (shown left) both won out-of-court settlements against "No DSS" letting agents, on the grounds of indirect discrimination.

For years landlords have discriminated against tenants on social security

In a 2018 legal case, Rosie Keogh, also a single mother backed by charity Shelter, successfully argued blanket bans on claimants indirectly discriminated against women, especially single ones, who were more likely to be on benefits.

Ms Keogh's case was cited in letters of complaint Ms Staples and Ms Loffler wrote to different letting agents who had refused to show them properties.

Shelter took on their legal cases when the agents refused to offer accommodation.

As is often the case Ms Staples, 36, who has three primary-aged children, needed accommodation after her marriage broke down. Relationship breakdown is a major reason for homelessness.

Ms Staples said "I kept ringing around estate agents - when I said I would be a housing benefit [claimant] it was a blanket 'No.

When a property came up in the Cambridgeshire village she was based in, she was initially excited but then hit the same issue

"I had noticed 'No DSS' adverts before but I thought I would be able to find somewhere locally so my children could still go to the same school and so I could keep my job there," she said.

"It was really uncomfortable to keep having to explain my personal circumstances to strangers.

"The whole thing was so difficult - I was working part time, I've always paid my rent, I had a child-maintenance order, and I ended up on benefits because of the divorce and because I had three children."

Ms Staples offered to pay six months' rent up-front, and then 12 months' after an offer of a loan from her father, but the letting agent kept saying the landlord's insurance did not cover tenants on benefits

She said: "After a while, talking to this one particular estate agent, I just said; 'Nothing I say is going to make any difference is it?' And he said, 'No.'"

With Shelter backing her legal action, the letting agent ultimately agreed to write a public letter of apology and to pay £3,000 compensation and the £10,000 legal costs.

The agent in Ms Loffler's case, meanwhile, also issued a public letter of apology and paid £3,500 compensation and £2,500 towards legal costs.

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Image courtesty of the BBC: Amanda Staples

Shelter chief executive Polly Neate said: "The message is clear - letting agents and landlords must not treat potential tenants as second-class citizens simply because they rely on benefits.

"If they continue to blindly discriminate against those receiving housing benefit, they risk legal action and a hefty fine.

"Not only is 'No DSS' discrimination outdated and grossly unfair, it is unlawful under the Equality Act because it overwhelming impacts women and disabled people, who are more likely to need support paying their rent."

ABC Note: The ABC started because of this very issue. This is a truly great result. 

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