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Library
Introduction
Acknowledgements
Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.
Introduction to Subject
There are legal obligations on landlords both in the public and private sector as service providers and employers, to take reasonable steps to ensure that people are not discriminated against directly or indirectly due to their race (including religion), colour, gender, sexual orientation or disability.
Direct discrimination is defined as treating a person less favourably than another due to a specific reason. (eg you would not let your peoperty to a Muslim)
Indirect discrimination consists of applying a requirement or condition that, although applied equally to persons whether male or female, Black or White, is such that a considerably smaller proportion of a particular racial or gender group can comply with it than others, and it cannot be shown to be 'justifiable'. (eg 'no headscarves to be warn in the property')
Victimisation and harassment are also considered to be forms of discrimination. Somebody may make comments which are not directly about the tenant but if those comments make the environment hostile, intimidating or humiliating for the tenant they could be construed as harassment.
You can only discriminate on age in cases where properties are for specific groups of people, (for example, if Planning Permission is explicitly for development restricted to over 55s)
It is not discriminatory to choose professionals over students, LHA over non-LHA etc
Information on the duties of landlords is taken from the Code of Practice on Discrimination in Housing, published by the Commission for Racial Equality, and the Disability Discrimination Code of Practice, published by the Disability Rights Commission.
Legislation
Resource 1 of 7 in Unlawful Discrimination