Private landlords, do you accept housing benefits?

_Penny_Dreadful

diystarter7 said:

_Penny_Dreadful said:

Gycraig said:

_Penny_Dreadful said:

diystarter7 said:

_Penny_Dreadful said:

It is a breach of the Equality Act 2010 to discriminate against a potential tenant on the basis they are in receipt of benefits.  This woman may be in receipt of housing benefit for her current home and might be unaware that when her situation changes she will be moving to universal credit.  That sounds more plausible that accusing the woman of straight up lying.

Hi

You are possibly correct but as per my above post, those on benefits will not meet the affordability criteria for any of our properties.

Thanks

Whilst there are some applicants you could legitimately reject on the basis of not meeting affordability there are those in receipt of benefits who can afford to top-up the rent so they may well meet your affordability criteria.  You'd then need to come up with some legitimate reason for rejecting them other than because they receive benefits or you could find yourself being taken to court as has happened in York and Birmingham when people have had a blanket ban on benefit claimants.

You don’t need to provide a reason though ? Most places get loads of applicants for each rental. 

If some suspects you have discriminated against them, for whatever protected characteristic covered by the Equality Act, they can take you to court.

Hi

Sure and why not. Like most good LL's like us, we have nothing to fear other than not being paid rent, possibly the place being sub let and T pocketing the money, trashing the place and taking months and loads of money to get them out.  I guess the "law" would chase the T's for us and get our money back, could easily amount to well over 10k and that is real money, money stolen in effect from a good LL. Like most LL's, we are not rich, no one gave us a penny nor did we want that its via hard work and as per MoneySaving Expertmantra and I quote "Before you spend, remember the MSE Money Mantras. Ask yourself, do I need it?
that we are were we are,

Life is not fair but most can make it fair especially in the UK if they looked after their money rather than trying to run before they can walk.

For the sake of clarity those that may wish to quote edited versions or twist posts, yes, we have atm good T's but they stay for a long time with us as they know they are getting an excellent and cost effect service and respect.

Thanks

If a tenant owes you money you use the law and the courts to take steps to recover said money in the same way someone being discriminated against would use the law and courts to seek justice so I don't really get what point you're trying to make there.

No one gave you a penny?  Most people in the United Kingdom will receive benefits at some point in their life.  It could be tax credits, it could be child benefit or universal credit. Then there are all those benefits that pensioners receive, yes the state pension is a benefit and is defined in law as such, not forgetting winter fuel payments and free bus travel.

MobileSaver

_Penny_Dreadful said:

MobileSaver said:

_Penny_Dreadful said:

Gycraig said:

_Penny_Dreadful said:

Gycraig said:

_Penny_Dreadful said:

diystarter7 said:

_Penny_Dreadful said:

It is a breach of the Equality Act 2010 to discriminate against a potential tenant on the basis they are in receipt of benefits.  This woman may be in receipt of housing benefit for her current home and might be unaware that when her situation changes she will be moving to universal credit.  That sounds more plausible that accusing the woman of straight up lying.

Hi

You are possibly correct but as per my above post, those on benefits will not meet the affordability criteria for any of our properties.

Thanks

Whilst there are some applicants you could legitimately reject on the basis of not meeting affordability there are those in receipt of benefits who can afford to top-up the rent so they may well meet your affordability criteria.  You'd then need to come up with some legitimate reason for rejecting them other than because they receive benefits or you could find yourself being taken to court as has happened in York and Birmingham when people have had a blanket ban on benefit claimants.

You don’t need to provide a reason though ? Most places get loads of applicants for each rental. 

If some suspects you have discriminated against them, for whatever protected characteristic covered by the Equality Act, they can take you to court.

Yer, but you don’t legally need to provide a reason, if you get 20 applicants you can pick whichever you want and in reality for any reason as long as you don’t say it’s because of a protected characteristic.

If the person rejected suspects it is because they are being discriminated against then they can take you to court.  Many people probably won't bother because they are too busy looking for a home but tenants in receipt of benefits have successfully taken landlords and letting agents to court over being discriminated.

You can take someone to court for almost any reason but it would be a pretty foolish thing to do unless you have actual proof; all it would do is cost you time, money and stress with practically zero chance of success. I suspect that's the reason most people won't bother.

I'm no expert but my understanding is that virtually all successful tenancy court cases regarding discrimination are to do with disability and to be honest a landlord (or any business owner) gets what they deserve if they don't make reasonable adjustments for disabled people.

All I did was point out that to discriminate and have a blanket ban on benefit claimants is unlawful.  Seems several landlords here have a few japes and wheezes to continue to discriminate against people but that doesn't mean what they are doing is not discriminatory. 

I agree with the comment above, the main thing I disagree with is taking someone to court based on a suspicion with no evidence; that's just not going to end well in the real world.

unforeseen

@_Penny_Dreadful

Can you tell me which bit of the Act covers refusing people who claim housing benefit? 

It is a breach of the Equality Act 2010 to discriminate against a potential tenant on the basis they are in receipt of benefits

diystarter7

_Penny_Dreadful said:

diystarter7 said:

_Penny_Dreadful said:

Gycraig said:

_Penny_Dreadful said:

diystarter7 said:

_Penny_Dreadful said:

It is a breach of the Equality Act 2010 to discriminate against a potential tenant on the basis they are in receipt of benefits.  This woman may be in receipt of housing benefit for her current home and might be unaware that when her situation changes she will be moving to universal credit.  That sounds more plausible that accusing the woman of straight up lying.

Hi

You are possibly correct but as per my above post, those on benefits will not meet the affordability criteria for any of our properties.

Thanks

Whilst there are some applicants you could legitimately reject on the basis of not meeting affordability there are those in receipt of benefits who can afford to top-up the rent so they may well meet your affordability criteria.  You'd then need to come up with some legitimate reason for rejecting them other than because they receive benefits or you could find yourself being taken to court as has happened in York and Birmingham when people have had a blanket ban on benefit claimants.

You don’t need to provide a reason though ? Most places get loads of applicants for each rental. 

If some suspects you have discriminated against them, for whatever protected characteristic covered by the Equality Act, they can take you to court.

Hi

Sure and why not. Like most good LL's like us, we have nothing to fear other than not being paid rent, possibly the place being sub let and T pocketing the money, trashing the place and taking months and loads of money to get them out.  I guess the "law" would chase the T's for us and get our money back, could easily amount to well over 10k and that is real money, money stolen in effect from a good LL. Like most LL's, we are not rich, no one gave us a penny nor did we want that its via hard work and as per MoneySaving Expertmantra and I quote "Before you spend, remember the MSE Money Mantras. Ask yourself, do I need it?
that we are were we are,

Life is not fair but most can make it fair especially in the UK if they looked after their money rather than trying to run before they can walk.

For the sake of clarity those that may wish to quote edited versions or twist posts, yes, we have atm good T's but they stay for a long time with us as they know they are getting an excellent and cost effect service and respect.

Thanks

If a tenant owes you money you use the law and the courts to take steps to recover said money 

From the many cases I've seen on tv and the example I gave where the T sub-lets, pockets the money, does not pay the LL a penny, then the LL spends thousands on trying to evict them and the real T leaves a place in a mess costing LL's thousands and in some cases easily over 10k, you really think this type of T is going to show a penny to their name.

We use a LA and have been advised by our LA as well as all of T's past and present that we are "a credit to LL's.."

Thanks

Sarah1Mitty2

I think the lesson here could be not to push it with rent rises when there are good tenants in place? Most benefits claimants will want the money paid to them, rent is a cost that they then have to deal with from that pot of money, it is their money after all.

diystarter7

Sarah1Mitty2 said:

I think the lesson here could be not to push it with rent rises when there are good tenants in place? Most benefits claimants will want the money paid to them, rent is a cost that they then have to deal with from that pot of money, it is their money after all.

Hi
The highlighted bit is indeed true. Also true is the fact that a LL wants their money owned to them on time just like people pay their mortgage on time otherwise start getting in debt and have to pay more or lose the property.

Many LL's are just about managing paying mortgages often on their own home and or BTL. A T paying late, not paying puts the LL's BTL and their home at risk.

We don't increase rents every year but many do as does social housing. 

LL's are being targeted by governments and are at greater risk than every before and this is why many are considering selling or selling up. 

A good T just like a good LL is worth their weight in diamonds.

Thanks

elsien

Being a landlord is a business decision. If missed rent is putting your own home at risk, then you probably need to review whether you’re in the right business or not.

Alderbank

Can you tell me which bit of the Act covers refusing people who claim housing benefit?

It is a breach of the Equality Act 2010 to discriminate against a potential tenant on the basis they are in receipt of benefits

English law is more than just acts of Parliament. The role of judges is to interpret those statutes, which might be drafted very generally, to fit individual cases. This is called setting precedent and essentially becomes new law.

The relevant ruling for this issue was York County Court in July 2020. The judge ruled that “rejecting tenancy applications because the applicant is in receipt of housing benefit was unlawfully indirectly discriminatory on the grounds of sex and disability, contrary to the Equality Act 2010.”

This was an important ruling and plenty of more detailed reports are online if you are interested.

_Penny_Dreadful

diystarter7 said:

_Penny_Dreadful said:

diystarter7 said:

_Penny_Dreadful said:

Gycraig said:

_Penny_Dreadful said:

diystarter7 said:

_Penny_Dreadful said:

It is a breach of the Equality Act 2010 to discriminate against a potential tenant on the basis they are in receipt of benefits.  This woman may be in receipt of housing benefit for her current home and might be unaware that when her situation changes she will be moving to universal credit.  That sounds more plausible that accusing the woman of straight up lying.

Hi

You are possibly correct but as per my above post, those on benefits will not meet the affordability criteria for any of our properties.

Thanks

Whilst there are some applicants you could legitimately reject on the basis of not meeting affordability there are those in receipt of benefits who can afford to top-up the rent so they may well meet your affordability criteria.  You'd then need to come up with some legitimate reason for rejecting them other than because they receive benefits or you could find yourself being taken to court as has happened in York and Birmingham when people have had a blanket ban on benefit claimants.

You don’t need to provide a reason though ? Most places get loads of applicants for each rental. 

If some suspects you have discriminated against them, for whatever protected characteristic covered by the Equality Act, they can take you to court.

Hi

Sure and why not. Like most good LL's like us, we have nothing to fear other than not being paid rent, possibly the place being sub let and T pocketing the money, trashing the place and taking months and loads of money to get them out.  I guess the "law" would chase the T's for us and get our money back, could easily amount to well over 10k and that is real money, money stolen in effect from a good LL. Like most LL's, we are not rich, no one gave us a penny nor did we want that its via hard work and as per MoneySaving Expertmantra and I quote "Before you spend, remember the MSE Money Mantras. Ask yourself, do I need it?
that we are were we are,

Life is not fair but most can make it fair especially in the UK if they looked after their money rather than trying to run before they can walk.

For the sake of clarity those that may wish to quote edited versions or twist posts, yes, we have atm good T's but they stay for a long time with us as they know they are getting an excellent and cost effect service and respect.

Thanks

If a tenant owes you money you use the law and the courts to take steps to recover said money 

From the many cases I've seen on tv and the example I gave where the T sub-lets, pockets the money, does not pay the LL a penny, then the LL spends thousands on trying to evict them and the real T leaves a place in a mess costing LL's thousands and in some cases easily over 10k, you really think this type of T is going to show a penny to their name.

We use a LA and have been advised by our LA as well as all of T's past and present that we are "a credit to LL's.."

Thanks

That’s impressive since you only appear to have been considering getting a BTL last May. 

_Penny_Dreadful

unforeseen said:

@_Penny_Dreadful

Can you tell me which bit of the Act covers refusing people who claim housing benefit? 

It is a breach of the Equality Act 2010 to discriminate against a potential tenant on the basis they are in receipt of benefits

Who receives housing benefit or the housing element of universal credit? In general what types of people receive benefits in the United Kingdom? 

When landlords have a blanket ban policy on those in receipt of benefits we start to discriminate against women, those with disabilities, pensioners, people with characteristics protected by the Equality Act which is why a blanket ban is unlawful. It’s why we end up with rulings such as the one @Alderbank has posted about and Stephen Tyler (no, not the Aerosmith one) versus Paul Carr Estate Agents. 

One of my best tenant’s income is from 100% benefits. The worst tenant I ever had was a teacher.