Housing Solicitors

If you feel you are being discriminated against by your local authority in respect of your housing, it may be time to obtain legal advice.

Perhaps the authority acted unlawfully in the application of their policy to determine whether you could get adequate housing or funding for a vital adaptation.

The good news is that one is afforded great protection against discrimination due to certain characteristics.

However, claims to the High Court must be lodged within six months, so it is important to act promptly to progress a claim.

What are protected characteristics?

The Equality Act (EA) 2010 is fundamental in protecting people from discrimination, harassment and victimisation.

There are nine protective characteristics in accordance to s.4 EA 2010, as below:

• age


• disability


• gender reassignment


• marriage and civil partnership


• pregnancy and maternity


• race


• religion or belief


• sex


• sexual orientation

What are the types of discrimination?

There are four types of discrimination:

Direct discrimination:

Direct discrimination is where someone is treated unfairly due to a protected characteristic, such as age, disability, or race. For instance, a person is not offered a promotion due to being a woman and instead, the job is offered to a male, whom is less qualified.

Indirect discrimination:

Indirect discrimination is where there is a provision, criterion or practice, which is discriminatory in relation to a relevant protected characteristic. For instance, a local authority’s policy may state that applications for housing can only be made online.

Harassment:

Harassment is where people are treated in a way that violates their dignity, or creates a hostile, degrading, humiliating or offensive environment. Harassment could entail comments made by an employee of a housing provider.

Victimisation:

Victimisation is where people are treated unfairly if they take action under the EA (like making a complaint of discrimination), or if someone is supporting another person who is doing this.

What remedies are available should you bring a claim under the Equality Act?

Compensation. This includes injury to feelings and damages are calculated in accordance to the Vento bands, as below:

• Lower band of £990 to £9,900


• A middle band of £9,900 to £29,600


• An upper band of £29,600 to £49,300 with the most exceptional cases potentially exceeding £49,300


• Injunction – this is a Court order compelling someone to do or not do something


• Declaration - this is a statement to the effect that the discrimination took place

Are there any deadlines for compliance?

Yes. There are stringent deadlines to bring a discrimination claim.

According to s.118 of EA, the standard time-limit to bring a claim at the High Court is six months less one day. You must therefore act immediately to progress your matter.

If you think you are a victim of discrimination, please get in touch with us at Duncan Lewis Solicitors as soon as possible so that we can obtain further information and consider whether legal aid funding is available to you.

About the author: Retha Khan is a trainee solicitor in the housing department at Duncan Lewis Solicitors, based at the Head Office in the City of London. She has wide-ranging experience in housing law, and has assisted numerous clients in relation to homelessness, disrepair and possession claims. Contact her for advice via email at RethaK@duncanlewis.com or telephone on 020 3114 1147.

Retha works under housing and property litigation director Manjinder Manjinder Kaur Atwal, who has more than 15 years’ experience in her field. She is recommended in the Legal 500 directory and tackles a wide variety of housing and property law dispute cases including possession claims and eviction matters, landlord and tenant disputes, homelessness, housing disrepair, appeals relating to local authority housing decisions, boundary disputes, property nuisance/negligence claims and much more.