Race Discrimination in Housing

Housing and premises, such as business premises, are also covered by Part III of the Race Relations Act. In general, it is unlawful for someone to discriminate on race grounds, when selling, letting, subletting or managing property, in any of the following ways:

In the terms on which you are offered the premises.
By refusing to let you buy or rent the premises.
By treating you differently from other people on a list of people wanting to buy or rent the premises.
By refusing to agree to the transfer of a lease to you.
By refusing you access to any benefits or facilities in the premises you occupy.
By evicting you or subjecting you to any other disadvantage.

The law covers private landlords and owner-occupiers as well as local authorities.

Exceptions in Housing

There are three main exceptions:

1. Owner-occupiers selling or letting their property are excluded, provided that they do not advertise or use an estate agent.

2. Small residential premises (for example, small boarding houses or shared flats) are excluded. To qualify as ‘small residential premises’, the owner or occupier (or a near relative) must:

Live permanently in the house or flat; part of the house or flat, other than stairs or storage space,
Has to be sharing the residence with other people
There must be only two households (other than the owner’s or occupier’s household) or not more than six people (other than the owner’s or occupier’s household) in the house or flat.
A boarding house containing more than six lodgers, in addition to the landlord/lady’s family, would not be allowed to discriminate, but a boarding house with fewer lodgers would be allowed to.

3. Charities and membership bodies whose main purpose is to provide benefits for a particular racial group are allowed to provide housing for that group only. But these organisations will not be allowed to discriminate on grounds of colour, only on grounds of race, nationality or national or ethnic origin.

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