Equality laws could affect “no benefit tenants” policies

Equality laws could affect “no benefit tenants” policies

10:52 AM, 26th February 2018, About 6 years ago 108

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Lettings agent Nicholas George recently admitted indirect discrimination on the grounds of sex, settling out of court with single mother Rosie Keogh. She was paid £2,000 compensation, because her application was refused on the grounds of being in receipt of benefits.

The action was reported today on the BBC news website (Click here to read the full story) stating: “The thousands of lettings agents and landlords around the country who reject housing benefit claimants could be flouting equality laws, due a recent legal case.

Rosie tried to rent a property in Birmingham and was turned down after revealing some of the rent would be paid by housing benefit. She immediately  made a complaint on the grounds that single women are proportionately more likely to be claiming housing benefit than single men.

The agents dismissed Rosie’s complaint, which as a former paralegal she took to county court establishing the principle of sexual discrimination under the Equality Act. Rosie told the BBC: “I felt something had to be done to challenge it. I was motivated by anger at such inequitable practice.

“It made me feel like a second-class citizen. You are being treated differently and it’s women and women with children who are bearing the brunt of this because they need to work part time.”

A Shelter survey last year of 1137 private landlords found 18% preferred not to let to benefits claimants and  43% had a blanket ban.

Shelter’s legal officer commented:”By applying a blanket policy they are actually preventing good tenants from accessing the private rented sector.

“Women are more likely to be caring for children and therefore working part-time and are therefore more likely to top up their income by claiming housing benefit.”

The NLA head of policy, Chris Norris, responded to the case saying: “Cases like this highlight the very worst of what a minority of renters have to put up with when looking to secure a home in the private rented sector.”

“The number of landlords willing to rent to housing benefit tenants has fallen dramatically over the last few years, because cuts to welfare and problems with the universal credit system are making it more and more difficult for anyone in receipt of housing support to pay their rent on time and sustain long-term tenancies.”


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Comments

Prakash Tanna

10:48 AM, 27th February 2018, About 6 years ago

Reply to the comment left by Monty Bodkin at 27/02/2018 - 10:42
I don't run a charity. I chose to balance rent received with other values. I have a substantial portfolio in North London and over the past 10 years + have gone from 100% privately rented to 99.9% LHA tenants so have experienced both spectrums.

Maybe the issue (purely speculation!) is down to the quality of accommodation being offered, ability to carry out repairs quickly and efficiently and other property management issues that is the cause of the problem for some landlords, not the tenant or their circumstances or where the rent is paid from !!

Dr Rosalind Beck

11:08 AM, 27th February 2018, About 6 years ago

Reply to the comment left by Prakash Tanna at 27/02/2018 - 10:10
Have you borrowed to grow your business? If you have and you have a large portfolio you are likely to be screwed with s24 if you don't change your model.

Prakash Tanna

11:25 AM, 27th February 2018, About 6 years ago

Reply to the comment left by Dr Rosalind Beck at 27/02/2018 - 11:08
My gearing is 35%. Yes s24 has an impact on me but its marginal. I did considered (forced by tax changes - s24 & loss of 10% W&TA) changing my model but my local council agreed to work with me to keep my LHA tenants in return for CASH incentives which more than covers the additional tax bill ! Thats cheaper for them than having to put them into TA.

I also setup a Ltd. Property Management company which charges a fee and is taxable at reduced Corporation tax rates.

For me, the LHA model works well, is relatively hassle free and never caused any harm while still generating a very comfortable income.

In conclusion, you just have to adapt and find a work around ... while moving forward with ever evolving changes in regulations, etc.

Kate Mellor

12:36 PM, 27th February 2018, About 6 years ago

Reply to the comment left by Prakash Tanna at 27/02/2018 - 11:25
Wow! I think if all councils were even a fraction as obliging as yours Prakash there would be a huge increase in the numbers of landlords prepared to accept LHA tenants. We do accept LHA tenants, but only with a guarantor. The experiences I’ve had with our council are beyond horrible. No one likes to be spoken to like something you’ve stepped in, which is how I’ve been spoken to every time I’ve had occasion to phone the Housing Benefits department. That’s why I mentioned in my earlier comment that it’s about time councils started treating private landlords as stakeholders in the housing sector and working with us to keep LHA tenants in their homes by ensuring their rent is paid. It’s MUCH cheaper for councils to have tenants housed by private landlords than in B&Bs or even in council houses. We are providing housing and we deserve to be paid, but the councils and the media make out that’s just greed. You are VERY lucky, your council seem to be one of the enlightened few who actually appreciate the role we play in keeping their costs down. It’s my dearest wish for that attitude to spread to all councils.

Mark Alexander - Founder of Property118

12:45 PM, 27th February 2018, About 6 years ago

Reply to the comment left by Prakash Tanna at 27/02/2018 - 11:25
Hi Prakash

I commend you for finding a workable and cost effective solution to your personal s24 problem.

The management company model is one of the strategies I recommend personal where it is appropriate. A word of caution, just in case you haven't already considered it, is that unless you are extremely careful and the management company only charges a comparable market rate you can very easily fall foul of the "Transfer of Income Streams" tax avoidance legislation in schedule 25 of the Finance Act 2009 - see http://www.legislation.gov.uk/ukpga/2009/10/schedule/25

Mark Alexander - Founder of Property118

13:09 PM, 27th February 2018, About 6 years ago

Reply to the comment left by Prakash Tanna at 27/02/2018 - 11:25
Sorry, two more questions please?

Which North London Council do you deal with please and can you give me the name of a helpful contact there?

Mike D

15:08 PM, 27th February 2018, About 6 years ago

I agree there are limitations set by both lenders & insurance companies, that's a given!
IF you want that All are treated equal, when they are clearly NOT equal, then affordability is a real issue. The other real issue is High Risk tenants, without a choice of reducing your risk!
If they want these tenants catered for, then the benefit agency should become the guarantor for the landlord.
I had a benefits tenant once, I felt sorry for her, as I remember my mum with 2 small kids, I felt she needed a break.
BIG Mistake!! Cost me almost £8,000 with property damage, unpaid rent, legal costs etc...never again, too High a Risk for such a small reward! Council housing is the answer for such tenants!

Mike D

15:18 PM, 27th February 2018, About 6 years ago

Reply to the comment left by Prakash Tanna at 27/02/2018 - 07:38
Nothing to do with the £8,000 it cost me with lost rent, damaged property, legal fees Prakash then?
Maybe you could have popped in to clean up all the dog pooh as well maybe?

Anon

18:01 PM, 27th February 2018, About 6 years ago

When I rent my property out directly, I refused HB tenants, because I don't understand the application process.

A prospective tenant told, that I had to sign an AST contract. She would then take it to the Council, who then would process the application. I had no way of knowing if this tenant is entitled to benefits or not.

For a landlord dealing direct with a tenant, it is a lot easier with payslips and bank statements to prove in come.

Prakash Tanna

18:58 PM, 27th February 2018, About 6 years ago

Reply to the comment left by Mark Alexander at 27/02/2018 - 13:09
Hi Mark. Thank you for your comments. I have seized the opportunity to setup a bone fide Property Management company to manage property for myself and other reputable Landlords whereby I am charged the going rate of commission. It's a separate entity and does not fall foul of the GAAR rules.

I deal with Barnet Council. They have a specialist team/department called let2Barnet (http://www.let2barnet.co.uk/) which helps match suitable LHA clients with private landlords. The whole team is very helpful and my main contact there is Bhavesh Patel on Tel: ‭020 8359 2186‬ or email: bhavesh.patel@barnethomes.org

Hope you find them as useful and friendly as I have.

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