A disabled father has won his case against a Birmingham estate agent who prevented him from viewing a number of properties because he was in receipt of benefits, according to housing charity Shelter.

It is the second so-called “no-DSS” trial that the charity has supported and won, after Judge Mary Stacey ruled yesterday that the agent had acted in a discriminatory and unlawful manner.

Shelter solicitor Rose Arnall representing Stephen Tyler, 29, successfully argued that refusing those on housing benefits from viewing advertised properties was in breach of the Equality Act because it disproportionally affects disabled people, who are more likely to need some support with paying their rent. 

The charity’s research shows that 45 per cent of private renters who claim disability benefits like Disability Living Allowance or Serious Disability Allowance also claim housing benefit.  

Judge Mary Stacey said: “There is no doubt that there was a blanket policy that no one in receipt of housing benefit would be considered for the three properties. 

“It put the claimant and other disabled people at a particular disadvantage when compared to others. 

“To be told simply, because of his benefit status, that he could not apply for three properties which were perfectly located for his children’s school, his GP and health needs, and extended family support, […] would be distressing. 

She added: “We make a declaration that the defendant has unlawfully indirectly discriminated against the claimant by imposing a PCP [Provision, Criteria or Practice] that those in receipt of housing benefit could not apply to those three properties.” 

The Tyler family lost their home in February 2018 after they asked the landlord to make some disability adaptations to the property.

Following their request, the landlord responded by serving a Section 21 “no fault” eviction notice.  

When looking for a new home, Tyler was told by estate agent Paul Carr that it was “company policy” to refuse to rent to people who receive housing benefit.

This was despite him having a clean rental record and having always paid his rent on time.  

Tyler has been a wheelchair user since a road traffic accident in December 2016 and lives with mental health issues. 

Following his accident, Stephen needs substantial personal care, which is mainly provided by his wife Irene, who also cares for their young children.   

When the family couldn’t find a home because of DSS discrimination, they made a homeless application to the council. 

Shelter’s legal team took on his homelessness case and helped the family to secure the social home they live in now.  

Tyler says: ”I feel relieved that it’s over. 

“It’s been a very stressful time. It is amazing to have won – not just for me but for the tens of thousands of people like me facing this discrimination. Hopefully now it’s clear that the law is on our side, things will change.”  

It is the second case of its kind that Shelter’s legal team has won.

The first was in July at York County Court involving a single mum-of-two.   

Stephen was represented by Tessa Buchanan, a barrister at Garden Court Chambers, who also represented the case in July.  

Shelter chief executive Polly Neate says: “Shelter has been fighting ‘No DSS’ discrimination for the past two years because we know it pushes people to the brink of homelessness and leaves many feeling worthless. 

“This win proves yet again that blanket bans against people on housing benefit are unlawful because they overwhelmingly bar women and disabled people like Stephen, who are more likely to need help with their rent, from finding a safe home. 

“It’s senseless that people who can afford private rents are being forced into homelessness by blind prejudice. 

“It’s now time for landlords and letting agents to do better; they must consider tenants fairly based on their ability to afford the rent – not where their income comes from. 

“And Shelter will continue campaigning until ‘No DSS’ is fully stamped out.”