Landlords have the discretion to choose tenants provided they do not violate discrimination rules.
Under these rules certain “protected characteristics” such as age, sex and pregnancy or maternity leave are safeguarded against discrimination.
When selecting tenants, landlords must not refuse an applicant based on their inclusion in one of these protected categories.
The Property Ombudsman
While being a parent with children is not a protected characteristic the Property Ombudsman recently ruled that banning children outright could breach equality rules under its Code of Practice.
The case involved a nurse with four children who became homeless after landlords and agents refused to rent to her. The Ombudsman decided that a “no children” policy disproportionately affects women breaching its equality rules.
Important Notes:
- This decision is not legally binding for courts. A Judge is not required to follow the Ombudsman’s ruling in a compensation case for unlawful discrimination.
- However, letting agents who are members of the Property Ombudsman Scheme must comply with its Code of Practice. Violating these rules could lead to official complaints, likely resulting in compensation awards if evidence supports the claim.
- Courts might consider the Ombudsman’s decision when reviewing similar cases.
Recommendations for Landlords
To minimise the risk of discrimination claims:
- Never advertise a ban on families with children.
- Avoid explicitly rejecting applicants due to children. If the property is unsuitable for children, tread cautiously and focus on other reasons.
- Give a reason for rejection such as preferring another applicant or concerns about the applicant’s financial capacity.
- Make sure that on any internal notes it refrains from recording the presence of children as the reason for rejection.
Following these guidelines helps ensure compliance with both legal and ethical obligations in tenant selection.
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