Blanket ban on renting to tenants on benefits in rental property ads - lawful?

Blackpool_Saver

Cakeguts wrote: »

I think the difficult is that there is at present no way to tell if someone claiming housing benefit is someone down on their luck or someone who has been evicted from social housing for anti social behaviour in a different town.

Checking previous addresses?

Teamocil

pinklady21 wrote: »

Writing as a landlord, interested in other points of view.

I am currently advertising a property to rent. In my view it is not suitable for housing benefit tenants for a number of reasons:

1. My insurer will only allow me to rent to working people

2. The Local Housing Allowance is about half the rent I am asking making it unaffordable for a benefit claimant unless there is additional income from somewhere, and I do not wish to entertain the hassle of possible rent arrears due to the tenant being unable to pay the rent.

3. When selecting a tenant, I seek employer's references and do a credit check, and it would be unlikely any potential tenant on benefits would pass the checks.

But - I understand that a court ruling this year on indirect discrimination may make it problematic to set out a blanket ban eg "No DWP claimaints" in any advertising.

https://www.anthonygold.co.uk/latest/blog/shelters-new-campaign-on-refusal-of-benefit-tenants-and-discrimination/

I don't want to raise the hopes of any benefit claimant that I may consider them as a tenant, but I don't wish to be accused of unlawful discrimination either.
What do other landlords do when advertising?
TY

You are everything wrong with modern Britain.

Blackpool_Saver

silvercar wrote: »

You could call anyone that receives child benefit or the winter fuel allowance as being "on benefits" if you want to take the phrase literally.

Oh yes I agree with that

Crashy_Time

pinklady21 wrote: »

Thanks all for the thoughtful replies.
The property is indeed "upmarket" and the rent level is therefore not affordable to someone on benefits income.
I think it would be irresponsible of me to consider a tenant whose income was insufficient for them to be able to afford the rent!
My issue is that I am receiving enquiries asking "Do you accept housing benefit?"
If I am entirely truthful and answer "no", then I risk this being deemed discriminatory. Equally, there is no point in wasting everyone's time, with viewings etc and then turning them down on income grounds.

The issue at stake in the court case earlier this year was one of indirect discrimination, the prospective tenant was female and claimed that as such she was more likely to be claiming benefits and therefore more likely to be discriminated against.
The case was settled out of court, and was not binding, but it does raise an interesting question about what is reasonable and not reasonable for a landlord to put in an advert or to say to a prospective tenant.

How long does it need to be empty before you are forced to take DSS?

Blackpool_Saver

Crashy_Time wrote: »

How long does it need to be empty before you are forced to take DSS?

There is no such thing as DSS, but that was funny :rotfl:

Blackpool_Saver

How much per month is this upmarket property? and what area?

Cakeguts

Blackpool_Saver wrote: »

Checking previous addresses?

It would probably be a bed and breakfast or a friends house.

Cakeguts

Teamocil wrote: »

You are everything wrong with modern Britain.

I think what you mean is that everything should be the same as in a communist country and people shouldn't be allowed a choice in where they live?


I can't afford to rent in central London but that doesn't make me feel that I should be able to. I am not jealous of the people who can do this. Being jealous of others doesn't really affect anyone but yourself.



In your world everyone would have to have camping holidays in the UK. No one would be allowed to go abroad on holiday because some people can't afford the hotels. Or don't your rules apply to holidays?



I don't think that the taxes of young people who can't afford this house should be made available to someone who is claiming housing benefit so that they can live in this house that most people can't afford. Someone who is working is really the best match.

undetterred

DSS = trash property.

buglawton

Curiously, the lease on a BTL I manage states black on white no subtenants to be allowed to begin a new tenancy if claiming benefits.

If there is new legislation banning this policy, can someone post a link to it?