Discussion
Here's an odd one that seems a blatant invite to breach equality rights act?
My colleague has just received a call from their letting agent informing them that the new proposed tenant is Catholic and is that ok ?
The agent is a nationwide company and apparently they have been informed by their head office that they have to ask new tenants their religion because there have been problems with Palestinian landlords and Jewish renters (or maybe the other way round)
My question, has the agent breached the act by even asking and would my colleague have a liability ?
Never thought I would see the day again.
My colleague has just received a call from their letting agent informing them that the new proposed tenant is Catholic and is that ok ?
The agent is a nationwide company and apparently they have been informed by their head office that they have to ask new tenants their religion because there have been problems with Palestinian landlords and Jewish renters (or maybe the other way round)
My question, has the agent breached the act by even asking and would my colleague have a liability ?
Never thought I would see the day again.
Gary C said:
Here's an odd one that seems a blatant invite to breach equality rights act?
My colleague has just received a call from their letting agent informing them that the new proposed tenant is Catholic and is that ok ?
The agent is a nationwide company and apparently they have been informed by their head office that they have to ask new tenants their religion because there have been problems with Palestinian landlords and Jewish renters (or maybe the other way round)
My question, has the agent breached the act by even asking and would my colleague have a liability ?
Never thought I would see the day again.
A landlord can choose whoever he likes to rent his property to and imo, I totally understand why given the current circumstances.My colleague has just received a call from their letting agent informing them that the new proposed tenant is Catholic and is that ok ?
The agent is a nationwide company and apparently they have been informed by their head office that they have to ask new tenants their religion because there have been problems with Palestinian landlords and Jewish renters (or maybe the other way round)
My question, has the agent breached the act by even asking and would my colleague have a liability ?
Never thought I would see the day again.
citizensadvice.org.uk said:
What is discrimination
It is discrimination to treat you unfairly compared to someone else, because of your religion or belief. This is called direct discrimination and is illegal. Examples include:
refusing you a bank loan because you're Jewish
refusing to allow you into a restaurant because you're Muslim
dismissing you from work because you're Rastafarian.
Seems clear to me.It is discrimination to treat you unfairly compared to someone else, because of your religion or belief. This is called direct discrimination and is illegal. Examples include:
refusing you a bank loan because you're Jewish
refusing to allow you into a restaurant because you're Muslim
dismissing you from work because you're Rastafarian.
The Agent appears to be breaking the law. Is your colleague, as a client of the Agent? Probably depends on how how he acts.
TwinKam said:
They absolutely cannot! It's one of several reasons why so many once-landlords are now ex-landlords. You basically have to let it to the first applicant that passes muster. If you refuse an applicant for any reason that could be deemed discriminatory (including but not exhaustively, sex, colour, creed, orientation, job status, children, pets... ) and yes they do get a friend to ring back asking if it's still available... (my wife had a letting agency, I emphasise 'had'...).
It matters not a jot that it's your property! Which is why the OP's story is interesting, his agent is clearly in breach.
Much more in theory than in practice... If a landlord puts a property on the rental market, normal practice would be to meet and show round potential tenants over a time period and then choose who to offer it to. There is nothing illegal about this, even if the final decision is made on the toss of a coin.It matters not a jot that it's your property! Which is why the OP's story is interesting, his agent is clearly in breach.
It would only be possible for a rejected tenant to make a legal case if the landlord was foolish enough to voice his opinions on something and unless that tenant was spoiling for a fight (shades of the ‘Gay Cake’ case) it would be highly unlikely to go to law.
The choice mIght be influenced, for example, by one applicant offering more rent - perfectly legal and sensible for the landlord to accept - the rejected applicant would have no idea that this had happened.
Foss62 said:
Much more in theory than in practice... If a landlord puts a property on the rental market, normal practice would be to meet and show round potential tenants over a time period and then choose who to offer it to. There is nothing illegal about this, even if the final decision is made on the toss of a coin.
It would only be possible for a rejected tenant to make a legal case if the landlord was foolish enough to voice his opinions on something and unless that tenant was spoiling for a fight (shades of the ‘Gay Cake’ case) it would be highly unlikely to go to law.
The choice mIght be influenced, for example, by one applicant offering more rent - perfectly legal and sensible for the landlord to accept - the rejected applicant would have no idea that this had happened.
If you say so. What do I know? my wife was only in lettings all her working life and had her own lettings business for over twenty years. It became a minefield, one of the reasons she sold up.It would only be possible for a rejected tenant to make a legal case if the landlord was foolish enough to voice his opinions on something and unless that tenant was spoiling for a fight (shades of the ‘Gay Cake’ case) it would be highly unlikely to go to law.
The choice mIght be influenced, for example, by one applicant offering more rent - perfectly legal and sensible for the landlord to accept - the rejected applicant would have no idea that this had happened.
OverSteery said:
Seems clear to me.
The Agent appears to be breaking the law. Is your colleague, as a client of the Agent? Probably depends on how how he acts.
They were a bit taken aback today.The Agent appears to be breaking the law. Is your colleague, as a client of the Agent? Probably depends on how how he acts.
I just wondered how in the eyes of the law, they stand.
I imagine as long as they don't actually take any action, then they are fine but it could make things messy.
TwinKam said:
Foss62 said:
Much more in theory than in practice... If a landlord puts a property on the rental market, normal practice would be to meet and show round potential tenants over a time period and then choose who to offer it to. There is nothing illegal about this, even if the final decision is made on the toss of a coin.
It would only be possible for a rejected tenant to make a legal case if the landlord was foolish enough to voice his opinions on something and unless that tenant was spoiling for a fight (shades of the ‘Gay Cake’ case) it would be highly unlikely to go to law.
The choice mIght be influenced, for example, by one applicant offering more rent - perfectly legal and sensible for the landlord to accept - the rejected applicant would have no idea that this had happened.
If you say so. What do I know? my wife was only in lettings all her working life and had her own lettings business for over twenty years. It became a minefield, one of the reasons she sold up.It would only be possible for a rejected tenant to make a legal case if the landlord was foolish enough to voice his opinions on something and unless that tenant was spoiling for a fight (shades of the ‘Gay Cake’ case) it would be highly unlikely to go to law.
The choice mIght be influenced, for example, by one applicant offering more rent - perfectly legal and sensible for the landlord to accept - the rejected applicant would have no idea that this had happened.
You can be liable for the discrimatory actions of your agent if you allow it to happen. Asking the prospective tenant what religion they are for the purpose of deciding whether or not they should be offered a tenancy is discrimination. If the prosepective tenant hasn't been denied a tenancy then they haven't suffered any detriment so I'm not sure they would have a claim. The EHRC could might action against the agent for this, I think.
If I were your colleague I would inform the agent, in writing,that they are happy with a tenant of any religion and it must not ask the religion or any other protected characteristic of any prospective tenant in relation to their property. The only exception to this might be in the case of disability where the tenant may require reasonable adjustments to be made to the property.
Landlords are often ignorant of the law but it's inexcusable for a letting agent.
Your colleague could seek to make amends with the tenant by inviting them to their bonfire night celebrations.
If I were your colleague I would inform the agent, in writing,that they are happy with a tenant of any religion and it must not ask the religion or any other protected characteristic of any prospective tenant in relation to their property. The only exception to this might be in the case of disability where the tenant may require reasonable adjustments to be made to the property.
Landlords are often ignorant of the law but it's inexcusable for a letting agent.
Your colleague could seek to make amends with the tenant by inviting them to their bonfire night celebrations.
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