Can a Landlord Refuse to Rent to Someone Based on Their Nationality?

It is illegal for an owner or agent to discriminate against someone based on their disability, gender reassignment, pregnancy or motherhood, race, including ethnicity and nationality, gender, sexual orientation, religion or beliefs. No matter what type of rent entitlement check is required, a landlord cannot refuse to rent to someone based on their race or nationality. This is in accordance with the Race Relations Act and Article 6 of the Equality Act. When a tenant applies for a rental property, the landlord or leasing agent will ask them to show their immigration documents or passport.

This is to prove that they have the right to live in the UK and to rent. If they have the right to rent in the UK, the landlord cannot refuse them on the basis of race or nationality. The landlord must contact the Landlord Verification Service to determine if the prospective tenant has a “right to rent”. This service will provide them with the correct documents.

Article 12 of the Equality Act states that tenants cannot be discriminated against on the basis of their sexual orientation. Agents may be liable under the plan if they have accepted responsibility, on behalf of the landlord, to carry out rental entitlement checks before entering into the lease agreement. Landlords get a legal excuse not to be responsible for a civil penalty when they prove the right to rent in the manner established in legislation and guidelines. Landlords or agents can be summarily sentenced to imprisonment for up to 12 months (or up to five years in the case of an accusation), a fine, or both if they are found guilty of discrimination.

If someone feels aggrieved by the denial of a property and suspects that this is due to illegal discrimination on the part of the landlord (there will always be problems proving this), unless the landlord admits it, they can ask their parents or someone else in their family to act as a guarantor. This means that they agree to pay rent if you don't. A tenant or occupier “has no right to rent” if they are not a citizen of the United Kingdom, the EEA or Switzerland and need a residence permit in the United Kingdom that has not yet been granted, or if they are in the United Kingdom on the condition that they do not have the right to occupy premises. It is advisable for landlords to set deadlines for carrying out checks and informing owners, which will be established in the contract.

Before renting a property, tenants will need to provide information and documents to show that they'll be a good tenant. A court has heard that landlords refuse to rent to non-white British tenants because of the government's hostile environmental policy. If someone paid their rent on time in the past, they can show their lease agreement and rent book or bank statements that accredit it.