Letting agents who ban children are breaking equality rules – ombudsman

Letting agents who ban children are breaking equality rules – ombudsman

0:01 AM, 22nd March 2023, About A year ago 27

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The Property Ombudsman has ruled that a blanket ban on letting a property to a family with children is discriminatory against women and against its code of practice for the rented sector in England.

The ruling comes after an NHS nurse called Lexi Levens challenged the practice after she and her four children had been forced to register as homeless.

That came after she and her husband had been handed a section 21 ‘no-fault’ eviction notice on Christmas Eve, but no letting agents or landlords would rent to them.

That’s despite her and her husband passing affordability checks.

‘No children’ bans are breaching equality rules

The homeless charity Shelter took up the case with the ombudsman which has now said that ‘no children’ bans are breaching equality rules that are set out in its code of practice because women are disproportionately affected.

Ms Levens said: “My situation was nothing short of distressing and humiliating. I’m so thrilled by the outcome of the challenge, this has never been about money for me, but about putting a stop to families like mine being treated unfairly.”

Shelter says that around 300,000 families, or one in five parents, in England have been unable to rent a home in the last five years because they have children.

Cannot follow a landlord’s order to do so

The ombudsman’s decision means that letting agents who are members will not now be able to impose a blanket ban on property listings – and they cannot follow a landlord’s order to do so without offering reasonable justification or evidence.

Doing so means they will be breaching the Property Ombudsman’s code of practice and will be required to pay compensation to those who have been discriminated against.

Shelter is also urging that the Renters’ Reform Bill be brought in which will make it illegal for agents and landlords to impose a blanket ban on renting property to families with children, and to those who are receiving benefits.

Shelter’s chief executive, Polly Neate, told the Guardian: “The government’s Renters’ Reform Bill – which will make discrimination explicitly unlawful – is ready and waiting. The government needs to stop stalling and make it law once and for all.”

‘Cannot be considered as treating consumers equally’

The director of policy at the Property Ombudsman, Peter Habert, said: “Whilst rental properties are investments for landlords, they are homes for tenants. To be excluded from a significant portion of the homes available simply because you have children cannot be considered as treating consumers equally.

“Prospective tenants should only expect to see these restrictions in property adverts and listings if the property is unsuitable, for example it doesn’t have enough space.”

He warns that letting agents who receive an instruction from a landlord to not let to families should ask the client to provide evidence of why a ban is appropriate – and for this reason to be given to prospective tenants.


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Comments

LaLo

10:59 AM, 22nd March 2023, About A year ago

Even if we are all tied and bound in a straight jacket tied to a chair, gagged and blindfolded - there would still be a rule broken somewhere!!!

Crossed_Swords

11:11 AM, 22nd March 2023, About A year ago

Since you can't prevent people having children after they move in, it seems pointless to object. My tenants with children have all been fine

david porter

11:14 AM, 22nd March 2023, About A year ago

Some homes are simply not suitable for children.
A three bed house in a cul de sac by a school cries out for children.

LaLo

11:26 AM, 22nd March 2023, About A year ago

Points taken - it’s just that we should have the ‘freedom’ to choose who to rent to with something worth ten of thousands of pounds when children can do a great deal of damage.

Crossed_Swords

11:29 AM, 22nd March 2023, About A year ago

Reply to the comment left by LaLo at 22/03/2023 - 11:26
I have never found that children cause any more damage than adults since if they are causing damage their safety is probably in question. Do you have any examples of children's damage worse than crayon on walls?

Jo Westlake

11:31 AM, 22nd March 2023, About A year ago

Letting to families isn't always totally clear cut. There are so many rules around bedroom requirements due to age and gender of the children.
Someone may have a two bedroom entitlement right now that will become a three bedroom requirement in the near future. Do you let a two bed to them now knowing you will be deemed to be overcrowding in the foreseeable future?

Equally do you let a four bed to a family with older teenagers knowing that in all likelihood the teenagers will shortly start leaving home and affordability may become a real problem when their UC and LHA entitlement walks out the door with them?

I'm totally fine with letting appropriate housing to families as long as it is conceivably sustainable long term.
The removal of Section 21 is going to make us ultra cautious on that front though.

LaLo

11:35 AM, 22nd March 2023, About A year ago

I can’t help thinking - it’s the landlord that’s discriminated against these days!

Mark Alexander - Founder of Property118

12:04 PM, 22nd March 2023, About A year ago

I wonder how this will affect ‘Adult Only Hotels’.

I well into my 50’s these days but I never did a Cub18/39 holiday either! Mmm, I wonder if they are still doing?

Ann Shaw

12:26 PM, 22nd March 2023, About A year ago

As yet, no statute in place. I wonder how much the agents were fined? However, soon to be statute under The Renters' Reform Act - Yet another reason why I am turning my residential properties into Airbnb's!! No s24 on these (as yet!), and no more statute as above, which is making this awful business wholly unworkable and therefore totally untenable! Good luck successive Governments with finding suitable accommodation for all tenants when the PRS is completely dead and buried!!

Crossed_Swords

12:37 PM, 22nd March 2023, About A year ago

Reply to the comment left by Jo Westlake at 22/03/2023 - 11:31
I don't let to that demographic as they would not pass the affordability test

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