Lesson 1 – Equality, Fair Treatment and Protected Characteristics

1.1 What equality means

Equality means ensuring that people have fair access to MyEstate’s properties and services without unlawful discrimination.

It does not necessarily mean treating every person identically. Applying exactly the same process to everyone may disadvantage a person whose disability or circumstances prevent them from using that process.

For example, requiring every applicant to complete a digital form without offering any alternative may create a barrier for someone who cannot use the online system because of a disability.

1.2 What fair treatment means

Fair treatment requires MyEstate staff to:

• Use lawful and relevant criteria;
• Apply procedures consistently;
• Consider individual support needs;
• Avoid stereotypes and assumptions;
• Provide accurate information;
• Avoid discouraging particular groups;
• Consider reasonable adjustments;
• Record decisions properly; and
• Refer uncertain cases to a manager.

Fair treatment does not guarantee that every applicant will obtain a property or that every buyer’s offer will be accepted. Decisions can still be made using legitimate criteria such as affordability, property suitability and verified information.

However, those criteria must not be a disguise for discrimination.

1.3 The protected characteristics

The Equality Act 2010 identifies nine protected characteristics:

1. Age;
2. Disability;
3. Gender reassignment;
4. Marriage and civil partnership;
5. Pregnancy and maternity;
6. Race;
7. Religion or belief;
8. Sex; and
9. Sexual orientation.

Race includes colour, nationality, and ethnic or national origins. Government guidance confirms that landlords and letting agents should take steps to avoid discrimination relating to any protected characteristic.

The detailed application of the Act can differ according to the activity involved. Employees should therefore refer unusual or legally complex cases to a manager rather than attempting to decide the precise legal position themselves.

1.4 Additional rental discrimination protections

In England, the Renters’ Rights Act 2025 also restricts unfair treatment of prospective or existing renters because they:

• Have children; or
• Receive benefits.

These protections apply to landlords and people acting for them, including letting agents. They have applied to relevant assured and regulated tenancies since 1 May 2026.

Having children or receiving benefits should not be inaccurately described as additional protected characteristics under the Equality Act 2010. They are covered by separate rental discrimination provisions, although the same conduct may sometimes also involve an Equality Act protected characteristic.

1.5 Equality throughout the property journey

Equality principles should be applied when:

• Accepting instructions;
• Preparing advertisements;
• Responding to enquiries;
• Arranging viewings;
• Providing property information;
• Processing applications;
• Conducting referencing;
• Carrying out Right to Rent checks;
• Considering offers;
• Preparing agreements;
• Managing tenancies;
• Arranging inspections and repairs;
• Handling arrears;
• Responding to complaints; and
• Ending the agency relationship.

Lesson example

A negotiator automatically offers weekday daytime viewings to every applicant. A disabled applicant explains that treatment appointments mean they can only attend at a different time.

Fair treatment may require the negotiator to consider an alternative appointment rather than simply insisting that every applicant must use the same viewing times.

Lesson 1 key point

Equality means fair access and fair opportunity. It does not always mean identical treatment.