Equality laws could affect “no benefit tenants” policies

Equality laws could affect “no benefit tenants” policies

10:52 AM, 26th February 2018, About 7 years ago 108

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Lettings agent Nicholas George recently admitted indirect discrimination on the grounds of sex, settling out of court with single mother Rosie Keogh. She was paid £2,000 compensation, because her application was refused on the grounds of being in receipt of benefits.

The action was reported today on the BBC news website (Click here to read the full story) stating: “The thousands of lettings agents and landlords around the country who reject housing benefit claimants could be flouting equality laws, due a recent legal case.

Rosie tried to rent a property in Birmingham and was turned down after revealing some of the rent would be paid by housing benefit. She immediately  made a complaint on the grounds that single women are proportionately more likely to be claiming housing benefit than single men.

The agents dismissed Rosie’s complaint, which as a former paralegal she took to county court establishing the principle of sexual discrimination under the Equality Act. Rosie told the BBC: “I felt something had to be done to challenge it. I was motivated by anger at such inequitable practice.

“It made me feel like a second-class citizen. You are being treated differently and it’s women and women with children who are bearing the brunt of this because they need to work part time.”

A Shelter survey last year of 1137 private landlords found 18% preferred not to let to benefits claimants and  43% had a blanket ban.

Shelter’s legal officer commented:”By applying a blanket policy they are actually preventing good tenants from accessing the private rented sector.

“Women are more likely to be caring for children and therefore working part-time and are therefore more likely to top up their income by claiming housing benefit.”

The NLA head of policy, Chris Norris, responded to the case saying: “Cases like this highlight the very worst of what a minority of renters have to put up with when looking to secure a home in the private rented sector.”

“The number of landlords willing to rent to housing benefit tenants has fallen dramatically over the last few years, because cuts to welfare and problems with the universal credit system are making it more and more difficult for anyone in receipt of housing support to pay their rent on time and sustain long-term tenancies.”


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DALE ROBERTS

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21:10 PM, 28th February 2018, About 7 years ago

Reply to the comment left by Monty Bodkin at 28/02/2018 - 10:16I'm one of those landlords who have a non paying benefits cheat in my property who gained access by gross misrepresentation. She presently owes me GBP11910.46 in rental arrears, has ignored her court eviction order on the instruction of the Council, has trashed my unit and shares my apartment with both her long time partner and brother although neither are tenants on the lease. I have spent almost GBP3000.00 on solicitors to evict her but she is a well experienced manipulator of the system and has delayed her eviction by seven months with the collusion of the Council. I am presently requesting permission for Writs of Possession and Control via the High Court. I have scant possibility of recouping my losses. The tenant only rents fully furnished properties and hides her assets before the Bailiffs arrive. I will never permit a tenant of this caliber anywhere near my properties again. I'd prefer they remain empty. And when I have regained possession I am going to liquidate my property portfolio.

Dr Rosalind Beck

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21:58 PM, 28th February 2018, About 7 years ago

How awful for you Dale. It is an outrage that the law does not protect us and that criminals like your tenant face no sanctions. How this has to be defined as civil law is beyond me. She has robbed you the same as if she took it out of your pocket in the street. She should be locked up and any assets seized. But there is no justice for landlords in cases like this.

Old Mrs Landlord

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8:27 AM, 1st March 2018, About 7 years ago

Reply to the comment left by Monty Bodkin at 28/02/2018 - 10:16What you have said about council rates having gone from 50% of market rates to about 25% is so badly worded as to be factually incorrect. Quartiles and percentages are not the same. I'm sure the landlords on here know what you mean and it is the reason we are no longer taking on any LHA/UC recipients - the rates now fall well short of market rents and, coupled with the changes to mortgage rules, make it impossible for most landlords to contemplate.

Monty Bodkin

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9:23 AM, 1st March 2018, About 7 years ago

Reply to the comment left by Old Mrs Landlord at 01/03/2018 - 08:27"I'm sure the landlords on here know what you mean"
I'm on a landlord forum discussing with other landlords. Who else am I supposed to be explaining it to?
If you think the BBC are bothering to read this to provide factual, unbiased reporting on why landlords specify "No DSS", feel free to word it better.
I'm struggling here to convince a large portfolio DSS landlord who thinks landlords are refusing DSS just because they are greedy!

DALE ROBERTS

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9:41 AM, 1st March 2018, About 7 years ago

Reply to the comment left by Monty Bodkin at 01/03/2018 - 09:23
Exactly. My one experience with a benefits recipient has left me almost GBP16000.00 (which increases daily) in debit and I haven't yet had the opportunity to quantify the damages to my property as she refuses entrance to agents to do an inspection report.
And this debt is most certainly as a direct result of the Council who advise tenants to stop paying rent and await the Bailiffs.
These debts landlords are expected to shoulder because the system discriminates against them so is the root of the problem. It therefore becomes the catalyst for refusing to house benefits recipients because one bad "DSS" tenant can wipe you out. I'm only able to survive this financial leakage because I put down a 45% deposit so the mortgage repayments, although difficult to sustain and are causing much financial stress, are still barely manageable.
The only achievement Council have in their favour is my housing one of their cheats for 8 months at my expense. But I am going to get a successful eviction and she will become their full time responsibility and my property will once again become mine. And I will never house a DSS tenant again.

Prakash Tanna

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10:31 AM, 1st March 2018, About 7 years ago

Hi, Have you approached the Council to arrange direct HB payments to you in the meantime ? Once the tenant is 2 months in arrears they will start to pay you directly and not the tenant. That should go a small way towards helping the situation ?

Gromit

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10:52 AM, 1st March 2018, About 7 years ago

With headlines like this "As of January 73% of the 13,650 council tenants claiming Universal Credit in London are in rent arrears" from the BBC http://www.bbc.co.uk/news/uk-england-london-43226487
would you not expect Landlords to shy away from Tenants on LHA?

Old Mrs Landlord

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12:24 PM, 1st March 2018, About 7 years ago

Reply to the comment left by Monty Bodkin at 01/03/2018 - 09:23No, of course I don't think the BBC are reading it but it remains the case that your post was factually incorrect and if we want the "factual, unbiased reporting" you mention then we need to ensure we get our own facts straight. I made it clear I am in agreement with you on the substance of the matter and share your reluctance to house benefit tenants because of similar experiences.

DALE ROBERTS

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13:45 PM, 1st March 2018, About 7 years ago

Reply to the comment left by Prakash Tanna at 01/03/2018 - 10:31
My initial attempts to get information from the Council were met with hostility, especially as I reside outside the UK. In fact my queries regarding whether the tenant was receiving housing benefits was responded to with "data protection laws prohibit us from discussing the tenant with you." (sic)
This wasted several months of no rental payment till a kind Property 118 member referred me to Sherelle Collman of Caridon who wrote to the relevant Council yesterday on my behalf.
Here's hoping she's successful as will my request to the High Court seeking permission for a Writ of Possession and Control to be enforced within the next two weeks.

Monty Bodkin

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8:10 AM, 2nd March 2018, About 7 years ago

Reply to the comment left by Old Mrs Landlord at 01/03/2018 - 12:24
"No, of course I don't think the BBC are reading it but it remains the case that your post was factually incorrect and if we want the "factual, unbiased reporting" you mention then we need to ensure we get our own facts straight.

I trust that is a Royal "we" because you certainly don't speak for me and if you think it is factually incorrect and it bothers you that much, then post your own version.

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