Letting Agency not giving because my wife is pregnant

[gsc-cert]

Hello All,

 

I need urgent help and advice?

 

A letting agency, which did credit checks and subsequently took our passport and visa copies has come back today saying that since my wife is pregnant, they will not give the house to me? Are there laws from prevent us from such kind discrimination based on pregnancy? Please advise urgently.

 

Incidentally, I had informed the agent during early days of discussion that my wife is pregnant. He asked about the expected date and said it is fine since the contract is for six months only and the expected date in after the end of contract. He is denying having been told anything like that now. Are the telephones of letting agents recorded?

 

Many Thanks for you replies.

 

Regards.

[leedsguy]

Did you pay any upfront fee? Sorry I don't have much knowledge here, but my train of thought is if they took the money while knowing they would reject the application, then there *might* be some means to reclaim this via small claims track.

 

So far as discrimination, the relevant legislation would be the Equality Act. Page 31 onwards starting with below text may be of interest http://www.equalityhumanrights.com/uploaded_files/EqualityAct/service_providers_business.pdf

 

Estate agents, letting agents and property management

companies

Equality law applies to any business that provides goods, facilities or services to members of the public. This includes estate agents, letting agents and property management companies.It doesn’t matter whether the service is free, for example, information about properties

which is provided at no charge, or whether it must be paid for – it will still be covered by equality law.

 

Note that pregnancy is a "protected characteristic" under the meaning of the Equality Act. http://www.equalityhumanrights.com/advice-and-guidance/new-equality-act-guidance/protected-characteristics-definitions/

[raydetinu]

They do not have to let the flat to you for what ever reason, unless you have signed a contract!

However If you have paid any fee, that should be returned, as it was them that changed their mind.

[gsc-cert]

Hey Just to update on this thread.

 

I had a discussion with Equality Rights commission and they confirmed that indeed is an unlawful discrimination and I could pull the agency to court, regardless of weather a contract exits, regardless of weather I have paid any fee.

 

The Agency ( or anyone for that matter) just cannot ask weather one is Pregnant or not. "Pregnancy and Maternity" is one of the eight protected characteristics and cannot be a ground for restricting any opportunity that is open for public in general. So the landlord cannot just pull out unless he/she can prove that the contract is not being awarded for some other reason. They cant get away just by refunding the holding deposit.

 

Finally today morning the Agency has been nailed down and they sent me the contract offer.

[gsc-cert]

Hey Friends,

 

I am moving into this new 1 bedroom house as AST in June. The contract has me and my wife as joint tenant.

 

My question is that if someone from my family comes to stay with us to take care of my wife ( as she is pregnant ), Will that be a problem?

 

Many Thanks for your reply.

[mariner51]

So min 3 adults in a 1 bed flat? How long will family visitor be staying? Are they UK residents?

 

I think Council would have problem with overcrowding if visit is for longert than a few days and LL may not be happy with extra wear & tear for a longer stay.

[gsc-cert]

The family visitor will be there for as long as there will be a need? It could be for two months, one month as the case may be.

[raydetinu]

should not be a problem as only temp. under the circumstances, best to advise LL. However up to you.

[gsc-cert]

Hello All,

 

I have just found that the property I was to move into does not have a metered water supply while the Agency has all this while been saying that the water-supply is metered.

 

Can I refuse to take this contract on this basis and ask for my holding deposit back?

[assisted blonde]

Why do you want a metered water supply, it normally costs more?

[Steve__M]

If you want a metered water supply then you can phone the water company and ask them to fit one for you.

 

If they cannot fit one then they should offer you an "assessed charge" based on your expected usage. The charge may be more or less than the actual water rates.

[mariner51]

#9 No. Property has a water supply.

 

You could request LL permission to have a meter fitted. Most water Co's install foc

 

Your various Qs suggest you only want to rent on your terms so renting may not be for you .

Buy your own place and become a LL, dealing with Ts like yourself.

[gsc-cert]

Thanks Mariner for reply.

 

My concern is that why did the Agency have to say that supply is metered. If they are hiding this fact, then there could be many more?

 

Also they did not show me the EPC certificate? Aren't they supposed to show me EPC at the very beginning, as per standard protocall?

Edited June 3, 2013 by gsc-cert

[raydetinu]

Water meter can be provided in about six weeks from application and is well worth it in my opinion, unless you a laundry. I saved £700/year.

The EPC should be made available by LL before you sign contract and must be in any add that an agent runs. £200 fine I believe, for non-compliance.

[gsc-cert]

Hey Raydetinu, Thanks for the reply. The Agency had not put EPC certificate in advert. I checked from Google cached pages. Also if the EPC has not been provided, can I not deny signing the contract and ask for the holding deposit back?

 

Also whom could I complain for not putting the EPC related information in the advert?

[raydetinu]

No, the contract is still binding IMHO.

the penalty notice would be applied by Trading Standards, which the LL or LA can appeal.

Why are you now wanting to get out of this let, after all the trouble you went to, to get it?

[gsc-cert]

This Agency does not look honest to me from its behavior and approach. I asked two times weather the water supply is metered and both the boss and his sub said confirmed though in their own way by saying "I think so". Why didn't they be upfront about it?

 

I don't want to get into this property because I dont know what all they have lied about? Added to this the fact that their approach was discriminatory, in violation of Equality Act.

 

How can I get my deposit back from them?

[raydetinu]

have you found somewhere better then? looks that way to me.

I expect you will be checking that the utility charges are not on too high a tariff!

If you are happy about changing and signing up to your own later, then is that not the same with the water.

It is easy to check if a water meter is installed, usually outside the front gate! Not surprised LA does not know.

Normally if you back out of the deal then you forfeit the payment.

What does it say on the receipt or contract.

[gsc-cert]

Hello Raydetinu,

 

Isn't the EPC the way to estimate the cost of heating the house? Unless "A" EPC rating, the rent of £850 for 1 BHK house is on higher side and I wouldn't have put down the deposit if I was informed about EPC of the building at the time of viewing?

Edited June 4, 2013 by gsc-cert

[Steve__M]

I wouldn't have put down the deposit if I was informed about EPC of the building at the time of viewing?

 

If you have paid a holding deposit but not signed a contract then you are probably best discussing your concerns with the agent.

 

Not all agents publicise EPCs on their adverts. Ask them for it. You do have an obligation to do your own research and ask pertinent questions. The agent is the agent for the landlord, not for you, and is not required to openly declare all the faults with the property.

 

Since one sees very few properties with "A" ratings and since (in my experience) tenants do not appear to be sensitive to what the rating is, I doubt that the rent is sensitive to the rating.

[gsc-cert]

The contract itself mentions that EPC will be provided upon entry. This does not quite look like the legal standard method. Do the Agents not have a duty to disclose factors which affect the cost of living ( utilities ). I am worried as I need to run the heater all day as my wife is pregnant and she needs warmer environment.

 

If not "A" rating, I would have expected that at least it should have been "B" to keep my budget in control.

 

Anyway, Is there a legal obligation on Agents to show EPC to the the potential tenant at the time of viewing/application?

[Steve__M]

There is a legal obligation to show the EPC at the first viewing. However, failure to meet the obligation doesn't mean the contract is invalid.

[raydetinu]

Not many properties are A or even B unless they are relatively new. C and D are the norm.

You can save money on utilities by getting on the right tariff!

[gsc-cert]

Given that my contract was for a term of six months only, spending a month and half to get water-supply metered and right tariff of other utilities is a rather difficult job. Moreover as this Agent created so much problem on the basis of my wife's pregnancy, not very keen on getting into a house where the LL or A is not happy about my child.

 

I just want to get away from them. £300 is not a small amount. Can you guys suggest a way out. I am being genuine. Who would like to get into in a house where his child will be unwelcome and with A cheating well upfront.

[raydetinu]

nobody forced you into this situation, you could of done a bit of research prior to looking for a let.

As LA was difficult about letting to you in the first place why did you continue and put a deposit on it.

You have to accept some responsibility here as you have now changed your mind.

Utilities are always a problem, and need sorting.

If you pull out and your deposit is forfeit, then, if you think you have grounds for a refund, the only recourse is to got to court and let a judge decide!