Letting agents who ban children are breaking equality rules – ombudsman

The Property Ombudsman has ruled that a blanket ban on letting a property to a family with children is discriminatory against women and against its code of practice for the rented sector in England.

The ruling comes after an NHS nurse called Lexi Levens challenged the practice after she and her four children had been forced to register as homeless.

That came after she and her husband had been handed a section 21 ‘no-fault’ eviction notice on Christmas Eve, but no letting agents or landlords would rent to them.

That’s despite her and her husband passing affordability checks.

‘No children’ bans are breaching equality rules

The homeless charity Shelter took up the case with the ombudsman which has now said that ‘no children’ bans are breaching equality rules that are set out in its code of practice because women are disproportionately affected.

Ms Levens said: “My situation was nothing short of distressing and humiliating. I’m so thrilled by the outcome of the challenge, this has never been about money for me, but about putting a stop to families like mine being treated unfairly.”

Shelter says that around 300,000 families, or one in five parents, in England have been unable to rent a home in the last five years because they have children.

Cannot follow a landlord’s order to do so

The ombudsman’s decision means that letting agents who are members will not now be able to impose a blanket ban on property listings – and they cannot follow a landlord’s order to do so without offering reasonable justification or evidence.

Doing so means they will be breaching the Property Ombudsman’s code of practice and will be required to pay compensation to those who have been discriminated against.

Shelter is also urging that the Renters’ Reform Bill be brought in which will make it illegal for agents and landlords to impose a blanket ban on renting property to families with children, and to those who are receiving benefits.

Shelter’s chief executive, Polly Neate, told the Guardian: “The government’s Renters’ Reform Bill – which will make discrimination explicitly unlawful – is ready and waiting. The government needs to stop stalling and make it law once and for all.”

‘Cannot be considered as treating consumers equally’

The director of policy at the Property Ombudsman, Peter Habert, said: “Whilst rental properties are investments for landlords, they are homes for tenants. To be excluded from a significant portion of the homes available simply because you have children cannot be considered as treating consumers equally.

“Prospective tenants should only expect to see these restrictions in property adverts and listings if the property is unsuitable, for example it doesn’t have enough space.”

He warns that letting agents who receive an instruction from a landlord to not let to families should ask the client to provide evidence of why a ban is appropriate – and for this reason to be given to prospective tenants.

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