‘‘No DSS’ Bans on Housing Benefit Claimants Courts Rule Unlawful

NO DSS - Landlords can no longer discriminate against tenants with “no DSS” adverts and requests. 

A watershed ruling has determined landlords can no longer discriminate against people claiming housing benefit.

Following a  landmark court case heard in York County Court on 1 July, landlords can no longer discriminate against tenants with “no DSS” adverts and requests, marking the first time a No DSS discrimination case has been heard by a UK court.

Shelter and the Association of Pension & Benefits Claimants have been campaigning for changes in the way tenants in receipt of Housing Benefit and Universal Credit are cheated. In fact the ABC grew out of the Justice Organisation that started out tackling this controversial issue.

This legal win will offer significant protections to 889,000 renters who receive housing benefit in the UK. 

The phrase “No DSS” refers to the former Department of Social Security, the Government department through which people claimed housing benefit. The department closed in 2001 to be replaced by the Department for Work and Pensions, but the name and the practice of banning housing benefit claimants from renting property has stuck.

The Ministry of Housing, Communities and Local Government lobbied for the ending of “no DSS” adverts for tenants in 2019. The widespread problem showed that out of 86,000 property ads assessed on property website Zoopla, 8,710 listed “no DSS” in their advert description, reported housing charity Shelter and the National Housing Federation.

Additionally, those in receipt of Universal Credit cannot claim housing benefit, and the payment is lumped into the monthly sum, effectively hindering all benefit recipients from renting a home.

Rose Arnall, the Shelter solicitor who led the case, said:  “This is the first time a court has fully considered a case like this. It finally clarifies that discriminating against people in need of housing benefit is not just morally wrong, it is against the law.

“Shelter has been fighting No DSS for nearly two years, and this win in the courts is what’s needed to end these discriminatory practices for good. This sends a huge signal to letting agents and landlords that they must end these practices and do so immediately.”

Polly Neate, chief executive at Shelter, said: “This momentous ruling should be the nail in the coffin for No DSS discrimination. It will help give security and stability to people who unfairly struggle to find a place to live just because they receive housing benefit.

Image:  Luke Hall MP. 

Minister for Rough Sleeping and Housing Luke Hall MP said: “Everyone should have the same opportunity when looking for a home and discriminating against someone simply because they receive benefits has no place in a modern housing market.

“That’s why we have been working with landlords and letting agents to help ensure prospective tenants are treated on an individual basis and that benefits are not seen as a barrier to giving someone a place to live.”

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PLEASE NOTE: Our Society Today article written by our Justice Organisation founder Simon Collyer led to the launch of the Association of Pension & Benefits Claimants CIC (ABC)