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Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 20th June 2008, 10:14   #1 (permalink)
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Default The right to rent - Discrimination???

I have been claiming Housing Benefit and Income support since I gave up work for the NHS at the beginning of March to look after my children full time. I need to move house as the rental property I am in at present has been sold.
All the estate agents in my local town have refused to accept housing benefit more so to do with the change in which it is now paid. (Directly to claimant rather than landlord/lady). What difference does it make how the money gets to the tenant or to the landlord/lady?
If was a full time carer for example in a care home and paid by my local government I'd be accepted? But as I am a full time carer for my own family still paid by the local government I am not accepted?
Surely this is discrimination? I have looked basically at the Discrimaination Law and by no means understand it but what it does state is under the Human Rights Act 1998 a person cannot be discriminated for financial or employment status????
I am totally wrong here?
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Old 20th June 2008, 10:29   #2 (permalink)
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Default Re: The right to rent - Discrimination???

No its not discrimination - this is a legitimate reason for the refusal of a tenancy(if slight overkill IMO), as it directly affects the timing and potential amount of payment.

The reason that SOME landlords dont like HB is a) the delay in getting paid by the council(it takes some time to set up, and is always in arrears) and b) the payment method means that it doesnt always get to them from many tenants - sad but true. There also tend to be major issues where HB doesnt QUITE cover the rent, as a lot of tenants will not pay the top up, and due to the amount it takes a considerable time to create enough arrears to evict.
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Old 20th June 2008, 10:47   #3 (permalink)
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Default Re: The right to rent - Discrimination???

Thank you for your reply. Surely the tenacys should be equality evaluated? References etc? There are no guarantees that someone who is fulltime employed will pay their rent? Plus any tenancy envolves a bond and month in advance from the tenant and the local Housing benefit office especially my local office is very quick to arrange benefit which is in place before the next rent payment is due! I agreed there should be some measures in place, example being - not allowing the prospective tenant to lease a home which is completely out of their price range and hugly over their HB allowance and to implement a save level of rent. Plus if rent arrears do occur at least payments can be made directly to the landlord (yes after 7 weeks arrears) but what back up is there if an employed person falls behind? Sorry I feel quite passionate about this as I feel I have been judged on stigma not on the type of tenant and individual I actually am.
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Old 20th June 2008, 10:54   #4 (permalink)
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Default Re: The right to rent - Discrimination???

Your local HB office might be quick, generally they are not.

Typically speaking HB tenants are less likely to pay their rent - this is clearly not always the case, but generally it is.
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Old 20th June 2008, 11:10   #5 (permalink)
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Default Re: The right to rent - Discrimination???

mmmm....I have just read through the Human Rights Act 1998 Article 14.....food for thought......Thank you for your interest Mr Shed
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Old 20th June 2008, 20:14   #6 (permalink)
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Default Re: The right to rent - Discrimination???

IMO it is likely to be illegal if the reason for a person being out of work is disability. The landlord could attempt to show that the discrimination is reasonably necessary: as far as I know it's untested.
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Old 20th June 2008, 20:54   #7 (permalink)
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Default Re: The right to rent - Discrimination???

Absolutely correct Zamzara - the disability thing is a very good point. However, the majority of people in the HB situation arent disabled - so a very good point but not valid for most.
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Old 20th June 2008, 21:15   #8 (permalink)
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Default Re: The right to rent - Discrimination???

Also a lot of BTL mortgages will not allow the property to be rented to a tenant who is claiming housing benefit.
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