Is this fair or is this discrimination due to disability (tenancy renewal)?

TBagpuss

I should have thought that the Landlord could override the agents, so it may be worth speaking to him again, if he is genuinely OK with her remaining.

Refusing to rent to someone on benefits could be classes as indirect discrimination as disabled people are more likely to need to claim so may be disproportionately affected, however if they are OK with her being on benefits but concerned about overall affordability I am not sure that that would still be seen as discriminatory - however, if the credit check would automatically fail anyone on benefits it would be discriminatory 
This https://sheltercymru.org.uk/housing-advice/finding-a-place-to-live/renting-privately/challenging-dss-discrimination-toolkit/ might be helpful - 
It sound as though part of the issue may be that because you paid the previous year's rent and she paid you back, she doesn't have a record be being bale to show she could pay - maybe setting this out and showing the regulars transfers from her bank account would assist? 

_Penny_Dreadful

The landlord can over rule the letting agent. They are his agent not the boss of him. However, we could be dealing with a landlord who believes the letting agent’s BS about constantly reissuing fixed term contracts. My advice is to do nothing, let the tenancy become periodic and keep paying the rent on time. 

housebuyer143

theyiddo said:

housebuyer143 said:

You can't make the landlord renew it for a fixed term if the references have not passed and the agent will no doubt advise him on this.
I understand the reason for security but maybe you can go monthly for 6 months to show them there are no issues and then ask to renew? 

I wouldn't advise a landlord to sign a new 12 month contract with someone who failed the references and has no proven track record of paying monthly and on time. 

However, as the agreement for the past 12mths was in our daughter's name, and there was clearly no issue with payment - there is a proven track record of paying the landlord/agent on time. It just happened to be paid up front last time.

That's what I mean. Paying upfront is not an indicator if someone will pay on time going forward. I used to work in a letting agent and on more than one occasion people who paid up front then went on to make no more payments. 

I would get some monthly payments under her belt and then ask the question about renewal again.. It's not in the landlords interest to renew it without passing the references but because is already there he's not likely to evict her for going monthly.

user1977

theyiddo said:

housebuyer143 said:

You can't make the landlord renew it for a fixed term if the references have not passed and the agent will no doubt advise him on this.
I understand the reason for security but maybe you can go monthly for 6 months to show them there are no issues and then ask to renew? 

I wouldn't advise a landlord to sign a new 12 month contract with someone who failed the references and has no proven track record of paying monthly and on time. 

However, as the agreement for the past 12mths was in our daughter's name, and there was clearly no issue with payment - there is a proven track record of paying the landlord/agent on time. It just happened to be paid up front last time.

And are they refusing to accept being paid upfront again? That is, obviously, different from paying monthly.

macman

Speak to the LL and ask him to instruct the agents accordingly. It's not their decision. There is very little difference between the security of a 6m AST and a periodic tenancy at present.  An S21 requires 2 months notice, and the time to then gain a possession order and evict would not be less than 4m anyway.

saajan_12

theyiddo said:

Hi all - not sure if this is the right section for this query but thought I'd ask in case any of you out there might have better understanding knowledge of the Equality Act 2010 with regards to housing.

My wife and I managed to find a house close to our own for our autistic daughter to rent. For the 1st year, as she had just left college, was not working and had just started to receive Universal Credit, my wife and I agreed with the landlord's agent to pay 12mths rent up front, and we were both guarantors on the tenancy agreement as well.

Our daughter is in the process of renewing the tenancy, and we simply cannot afford to do the same again (i.e. pay 12mths up front),  - per your other post, daughter was paying you back, so the sum of those payments would total the next 12 months in advance which you could pay the LL, unless you've spent that? 
however our daughter is working part-time and receiving UC. We explained this to the landlord's agent, and they said this was fine and we'd once again we'd have to be guarantors. We agreed and subsequently passed the agent's assessment on that, but the agent is now stating that our daughter has failed the assessment, because her earnings (PT employment + UC), is somewhere between £1k  - £2k below their earnings threshold. - well end of the day, its up to them what criteria they want for a new fixed term.. if you can't agree on terms, then the default is continue as is on a rolling contract. 

Because of the nature of our daughter's autism, she is unable to gain employment or work long enough hours in order to meet their earnings threshold.
Would being turned down by the agent for a tenancy renewal be means for a case under the Equality Act 2010 of indirect discrimination based on her disability? - no, she's being turned down due to the total earnings and affordability checks, which has a direct impact on the LL's business. The root cause of that isn't relevant. 

The default is to continue on a periodic contract. Personally I odn't think it makes much difference - even on a periodic, the LL would have to serve a S21, wait for a hearing, wait for a possession order, wait for bailiffs, so total 6-12 months? Comparing that to 12 months at the start of a fixed term, less as you roll down.. 

If you really want a new fixed term, thats a new contract that both parties have to negotiate, not something you have a right to. The offer from the LL / LA is 12 months upfront based on her credit.