Will I fall foul of discrimination law?

by Readers Question

15:24 PM, 9th April 2018
About 2 years ago

Will I fall foul of discrimination law?

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Will I fall foul of discrimination law?

I have been referencing a couple for one of my properties. There is a CCJ on one of the applicants reports, but I knew of this from the start and as its being paid and only a small amount I carried on with referencing.

The property they are living in I was told was a relatives so therefore no reference to be got, but I called at the house to put some paperwork through the letterbox and found property looked pretty rough and back garden full of old stuff.

I am reluctant to move forward with the application and feel perhaps that I should return the Holding Deposit.

My question is will I need to state the reason if I reject their application.

Can I be accused of discrimination.

Jan



Comments

Chris Daniel

15:20 PM, 10th April 2018
About 2 years ago

No reason for not deciding to let a property needs ( nor should ) be given. Return Holding fee and say nothing further, as you don't have to.

Jan Martin

16:00 PM, 10th April 2018
About 2 years ago

Reply to the comment left by Ann Shaw at 10/04/2018 - 12:43
Its an association I have used for years now and have had very good advice from over the years. I felt unhappy to accept what they were advising this time . Its tough enough as it is without being told that a potential tenant could have grounds to sue if I turned them down .
I would like to thank you all for taking the time in sending your Knowledge.

Ann Shaw

16:10 PM, 10th April 2018
About 2 years ago

Reply to the comment left by Jan Martin at 10/04/2018 - 16:00
If the 'association' cannot confirm which part of the Equality Act 2010 Protected Characteristics they refer to, I personally wouldn't seek their advice in future. Trust your gut, say no to the tenants and re-market it. I am a member of the RLA (Residential Landlord's Association), and they offer excellent advice from their legal team. Only £80.00 per annum too. Might be worth changing your association, Jan? Best of luck and hope you find some new tidy tenants, with no bad credit history.

Jan Martin

16:15 PM, 10th April 2018
About 2 years ago

Reply to the comment left by Ann Shaw at 10/04/2018 - 16:10
I am also a member of RLA Ann and have been for around 12years . Thanks .

Ann Shaw

16:17 PM, 10th April 2018
About 2 years ago

Reply to the comment left by Jan Martin at 10/04/2018 - 16:15
Can I ask in that case, was it the RLA who actually advised that you might be in breach of the Equality Act 2010?

Jay James

20:18 PM, 10th April 2018
About 2 years ago

Reply to the comment left by Jan Martin at 10/04/2018 - 16:15
It sounds like something a Housing not trade association would say.
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Have you asked the association to clarify what they said?

Peter

14:25 PM, 12th April 2018
About 2 years ago

Hi Jan, my experience of people with CCJ’s is appalling. The additional evidence of the garden mess, wishing to meet you at your own property, and the empty house all adds up to a tenant that you are almost certain to deeply regret. The advice above is good.

Mandy Thomson

12:09 PM, 14th April 2018
About 2 years ago

Reply to the comment left by Jan Martin at 10/04/2018 - 10:29
Discrimination on what grounds? You can only illegally discriminate against someone if you reject them or treat them less favourably specifically because they have one or more of the protected characteristics. See here: http://www.landlordlawblog.co.uk/2018/03/05/landlords-refuse-consider-tenants-benefit-acting-illegally/

While it's unlikely they can claim discrimination (certainly not direct) they may be able to cite breach of contract, depending of course on what you agreed with them; for example, did you take the holding deposit on the understanding the property was theirs unless they failed referencing?

Jan Martin

12:43 PM, 14th April 2018
About 2 years ago

Reply to the comment left by Mandy Thomson at 14/04/2018 - 12:09
I used Holding Deposit paperwork which RLA produce.
Initial Holding Deposit Form .
It states that the agreement is not intended to create a tenancy
It doesnt oblige any party to enter into a tenancy.
2 pages Mandy .
Would you like a copy .

Jan Martin

12:52 PM, 14th April 2018
About 2 years ago

Time marches on and I have had to make a decision.
Thanks again to everyone who has given advice.

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