Is Your Flatmate Ad Breaking the Law?

Here’s something worth thinking about before you hit publish on your next flatmate listing.

We came across a story that originally ran in the UK involving flatmate ads that were inadvertently, and in some cases very deliberately, crossing the line into illegal discrimination territory. The short version: people were writing ads specifically requesting a “gay flatmate” or filtering out applicants based on sexuality, religion, age, or ethnicity. Turns out, under the UK’s Equality Act 2010, that’s not okay. The law bars anyone renting or subletting a property from discriminating against or victimising prospective tenants based on religion, race, age, marital status, sexuality, or physical ability. Advocate Even if your intentions were good, even if you were trying to create a welcoming space, specifying who you want based on those characteristics is still a breach.

Now here’s the thing. This isn’t just a UK problem.

It applies here too.

In Australia, the rules are just as clear. It is unlawful to discriminate on the basis of protected attributes including age, disability, race, sex, intersex status, gender identity, and sexual orientation in certain areas of public life. Attorney-General’s Department And rental advertising is one of those areas. It is against the law for a landlord or real estate agent to discriminate when rental accommodation is advertised, for example, an ad that says people of a particular ethnic group cannot apply. Tenants’ Union of NSW The same principle applies to individual room-seekers posting their own listings.

In New South Wales specifically, these protections are enforced under the Anti-Discrimination Act 1977. Tenants’ Union of NSW Queensland has its own equivalent legislation, and similar protections exist across every state and territory. New Zealand follows the same general principle under the Human Rights Act 1993.

So what does this mean in practice for your flatmate ad?

It’s more straightforward than you might think. You can absolutely describe yourself, your lifestyle, your household vibe. That’s encouraged. Love hosting dinner parties? Say so. Non-smoking household? Fine. Work early shifts and need quiet nights? Put it in there. These kinds of descriptions naturally attract people who are compatible, without you having to filter anyone out based on who they are.

What gets you into trouble is when you start specifying the type of person you want in ways that relate to protected characteristics. Saying “LGBTQ+ friendly household” as a descriptor about your home’s culture is very different from saying “gay flatmates preferred.” Similarly, saying “this is a vegetarian household” is fine. Saying “no Christians” is not.

There is also a nuance worth knowing: the law is slightly different depending on whether you live in the property or not. If you’ll be sharing the space yourself, you are allowed to have certain preferences, but that flexibility does not extend to race or nationality under any circumstances. SpareRoom

The simple rule of thumb

If you’re not sure whether what you’re about to write in your listing is crossing a line, just leave it out. Describe your home. Describe your lifestyle. Let the right person find you through shared values and vibe rather than demographic filtering.

The goal of a flatmate ad is to find someone you’ll genuinely get along with. The good news is you can absolutely achieve that without ever needing to mention someone’s religion, background, age, or sexuality.

Write about you. The rest tends to sort itself out.

If you’ve experienced discrimination in rental advertising or during your housing search, the Australian Human Rights Commission and your state’s anti-discrimination body are good starting points for support and advice.