Discrimination (Part 1)

Discrimination (Part 1)

This is a very emotive and subjective area for both tenants and landlords. Under the Renters Rights Bill (RRB), the government does not want landlords to be able to discriminate against tenants in the following areas – Pets, Children and Housing Benefit.

Pets – Tenants will have strengthened rights to request a pet in the property, which the landlord must consider and cannot unreasonably refuse. Landlords will be expected to accept pets from tenants where they are reasonably requested. A Landlord will be able to advertise a property as unsuitable for pets or able to refuse a tenant with pets, however, they will have to show a logical and thorough reasoning for the refusal if challenged!  A blanket ban will be illegal, but that`s not to say a request cannot be refused by the landlord, so long as a valid reason is given.

Once the tenants are in, they are entitled to request a pet and the landlord must allow this unless it is reasonable to refuse – this poses as many questions as it answers – reasonable really needs clarifying. Areas that considered to be reasonable are:

Superior Leases which do not permit pets are acceptable, so long as the landlord has asked and been refused – there will need to be an evidence trail as proof.

Health issues, if it can be proven that a member of the family that is letting the family home or in a shared house, if other tenants have severe pet allergies, then that could be acceptable!

No vaccination log or infestation risk. Where a pet doesn’t have an up-to-date vaccination record or is infested with fleas or ticks, it could pose a health risk to the property and future tenants.

Unsuitable property. If a property simply isn’t suitable for a pet’s needs – it needs to be borne in mind that this will sometimes be seen as a subjective reason, so remaining objective will be essential to achieving a sensible decision. Areas where it could be deemed inappropriate, and the landlord may have a valid ground to refuse are:

Keeping a large dog in a small flat with no outdoor space or keeping a dog with mobility issues in a top-floor flat. The suitability of the property to the pet will be the key factor in deciding.

Just “Not Wanting Pets” is unlikely to be good enough, even if it is the family home.

If contested by the tenant, any refusal will be escalated to the Private Rented Sector Ombudsman and then possibly the Courts, for a decision on whether the refusal was reasonable. It must be stressed that a final decision will be based on the evidence provided by both parties.

The Bill will amend the Tenant Fees Act 2019 to include pet insurance as a permitted payment. Landlords will be able to charge tenants the cost and only the cost (c.£150) of any pet insurance policy that is required, which covers pet damage. The legislation states that landlords will have to buy the insurance and bill it back to the tenants, rather than require tenants to buy it.

Children – The Bill will prohibit any discrimination against tenants on the basis that they have children or children visiting. This issue will no longer be an allowable reason for making a decision, unless there is a Superior Lease which includes a restrictive term on children, and only then if the Freeholder has a legitimate aim in mind.

However, landlords will be able to refuse tenants in situations where children will:

Overcrowd the property or place them in breach of a licence requirement.