Unlawful eviction damages: equality impact assessment

Recommendations and Conclusion

We recognise that the data available does not allow a complete picture of the needs of those with protected characteristics. However this assessment has allowed the opportunity to consider the needs of these groups as fully as possible.

This measure increases protection for all residential tenants who are the subject of an unlawful eviction. It does not introduce changes that directly or indirectly discriminate against those with protected characteristics. Our overall assessment of the impact of this measure against the three elements of the public sector equality duty is therefore neutral. However, this measure may be particularly beneficial for certain people with protected characteristics who are more likely to be in poverty, for example disabled people, families with children, and people from ethnic minorities.

Permanently reforming the way unlawful damages are calculated will help people on lower incomes who are least able to afford the costs of professional valuation under the current system, and will encourage them to exercise their rights. By improving the way in which compensation can be awarded and the method of calculating the level of compensation it will make it easier and more attractive for tenants to challenge an unlawful eviction and receive compensation where an unlawful eviction is found to have occurred. This will also help to make it more difficult, expensive and risky for a landlord to pursue an unlawful eviction than going through the correct routes, acting as a potentially strong disincentive

We have identified a number of areas where the differing needs of equality groups should be taken into account in implementation of the measures, for example in how the new and strengthened rights are communicated to ensure these are accessible to those with protected characteristics. Ensuring that all tenants and landlords are aware of the new rights will be an important aspect of effective implementation of this and other measures in the Bill helping to deliver better outcomes for communities.