The Impact of the Rehabilitation of Offenders Act on Housing and Insurance Applications

For many people with a criminal record, securing stable housing and obtaining insurance can be major challenges. Landlords and insurers frequently ask about past convictions, creating barriers even when those convictions are legally considered ‘spent’. Understanding your rights under the Rehabilitation of Offenders Act 1974 (ROA) can help you navigate these issues more confidently. 

Housing and the ROA 

When applying for private rental accommodation or a mortgage, you are not legally required to disclose any spent convictions. This means that if your conviction has passed the rehabilitation period and is now considered spent, a landlord or mortgage provider should not take it into account. 

However, there are exceptions: 

• If a landlord conducts an enhanced background check – which is more common for shared housing or accommodation linked to employment – spent convictions may still appear on the disclosure. 

• Social housing providers have different policies. Some may require disclosure of previous convictions, especially if they consider an applicant to pose a risk to other tenants. 

  
  

If you are refused housing due to a spent conviction, this may be unlawful discrimination, and you should seek legal advice. 

Insurance and Criminal Convictions 

Securing insurance can be equally challenging for people with a criminal record. Many insurance providers ask broad questions such as "Have you ever had a conviction?" which can be misleading. Legally, they should only be asking about unspent convictions. 

Key Points to Remember About Insurance Applications: 

✔ Spent convictions do not need to be disclosed. If an insurer asks, you can answer ‘No’ if your conviction is spent. 

✔ Some insurers may refuse cover or charge higher premiums for people with unspent convictions.

 ✔ If you feel that an insurer is unfairly discriminating against you, you can make a complaint to the Financial Ombudsman Service. 

What to Do If You Experience Discrimination 

If you believe you have been unfairly treated due to your past convictions, support is available. Talk to your local Citizens’ Advice Bureau, or seek a referral through your JCP work coach to a specialist support programme like those provided by Offploy. They can help you understand your rights, challenge unfair decisions, and access housing or insurance providers who are more understanding of your situation. 

Understanding the impact of the Rehabilitation of Offenders Act can help you avoid unnecessary barriers when applying for housing or insurance. Knowing your rights ensures you do not disclose spent convictions unnecessarily and can challenge unfair practices where needed. If in doubt, seek specialist advice to ensure you are treated fairly.