Application forms – got it ALL covered?

Just ask them the potentially ‘sensitive’ info (re mental health) verbally.

They need to be hospitalised/sectioned to qualify for the MHBS, so hopefully a very rare occurrence and likely you’d have other problems than just arrears in such a case.

Seemingly there’s less issue with *asking* if they’ve ever had a normal BS before and I’m hoping they remain searchable on the official register after they’ve expired (just don’t refuse on those grounds to avoid the discrimination brigade crying).

It’s a retrospective piece of legislation too, so applies to any pre-existing debt/tenancies.

Reply to the comment left by Luke P at 05/02/2021 – 00:45
Hi Luke,
I think they can also get the BS if they have a ‘crisis in the community.’ So that’s easy to feign.

You will get into trouble with both the Equalities and Human Rights Commission and the Information Commissioner if you ask them about their mental health. You could ask about previous unplanned debt though, which is surely the question you really need to answer to.

Reply to the comment left by David at 05/02/2021 – 15:29You mentioned this on Tessa’s webinar, David. Let the ICO come and get me. I stopped paying their ‘Data Controller’ licence and they did nothing…police-less policing is all they want. If it’s anything like those agents that don’t register with a redress scheme (even if they display the sign of a scheme they aren’t really a member of), action can only be taken by a scheme if they are actually a paid-up member.
I’ll ask (verbally) whatever questions I like…it’ll be down to the tenant to prove what I asked if they feel they have a case.

You’re stuck in big city solicitor mode, that believe the rest of the real world care about nonsense institutions like the EHRC. Not to say it’s impossible for them to catch up with people, but there’s a very good chance many LLs will get away with doing what they want and not putting their head in the noose under the guise of equality. I’m not purposefully taking a chance just to make the world feel like a blindly fairer place.

Reply to the comment left by Luke P at 05/02/2021 – 17:30
You can act outside the spirit of the law with no written record and the prospective tenant can do exactly the same and lie to you. Better in my view to ask, as David suggests, about their record of previous unplanned debt. Such investigations can by made in writing, including phone text, and leave a record.

Asking for information about mental health is IMO very high risk and not something I’d do. You’re likely to face challenges for disability discrimination.

Reply to the comment left by Glenn Ackroyd at 06/02/2021 – 10:09
Yes, I just found this:

A mental health condition is considered a disability if it has a long-term effect on your normal day-to-day activity. This is defined under the Equality Act 2010.

Your condition is ‘long term’ if it lasts, or is likely to last, 12 months.

‘Normal day-to-day activity’ is defined as something you do regularly in a normal day. This includes things like using a computer, working set times or interacting with people.

So is anyone willing to share a copy of their Application Form they use now/updated in light of this BS BS#!t that is coming soon please?