This is a new provision.
	County courts have previously ruled that such behaviours violate the Equality Act 2010, based on sex and disability status. Section 34 makes it explicit that discrimination relating to benefit status in the private rented sector, regardless of sex and disability status, is illegal.
Example: Posting a 'No DSS' Advert
A landlord asks a letting agent to post a ‘No DSS’ advert in relation to a property. A prospective tenant who is in receipt of benefits sees the advert during a search for a new let. The tenant reports the letting agent to the local council on the basis that the advert discriminates against benefit recipients. The local council investigates the claim and is satisfied on the balance of probabilities that the advert discriminated against benefit claimants. The letting agent informs the local council that they were instructed by the landlord to post the advert. Under these provisions the local council can take enforcement action against the letting agent, landlord, or both. In this case the local council notifies the letting agent and the landlord of the breach and takes appropriate enforcement action.
Part 1: Tenancy reform Chapter 3: Discrimination in the rental market: England Section 34: Discrimination relating to benefits status Background