Discrimination
c.jermyn • July 23, 2020
Discrimination and refusing tenancy application due to benefits
Discrimination in society has been an evolving topic lately, as we continue to challenge what is considered the norm.
Last week, discrimination in residential tenancies was under the spotlight, as a single mother won £2000 compensation against a letting agent on the grounds that they indirectly discriminated against her sex and disability for refusing to accept her as a tenant while claiming benefits.
The facts
The single mother in question has a disability and had been a tenant for many years with good references. While she was searching for a new tenancy, the letting agent sent an email to her confirming that they “have had a policy of not accepting housing benefit tenants”.
The single mother brought a claim against the letting agent for sex and disability discrimination under sections 19 and 29 Equality Act 2010 and for a declaration in the County Court.
The Law
It would appear that the letting agent settled the case with the single mother and the judge ordered the agent to pay damages of £3500 and costs. The District Judge also made a declaration stating that the agent’s former “policy of rejecting tenancy applications because the applicant is in receipt of Housing Benefit was unlawfully indirectly discriminatory on the grounds of sex and disability contrary to sections 19 and 29 of the Equality Act 2010.”
The Judge’s reasoning for the above is as follows:
Discrimination on the grounds of sex: “a No DSS policy puts or would put women at a particular disadvantage… As women are more than 1.5 times as likely to rely on Housing Benefit, and thus be excluded by a No DSS policy, than men.”
Discrimination on the grounds of disability: “a No DSS policy puts or would put persons who are disabled at a particular disadvantage… In the private rented sector, disabled households are almost three times as likely to rely on Housing Benefit, and thus be excluded by a No DSS policy, than non- disabled households".
What does this mean?
While the District Judge’s declaration is important and should be considered by letting agents, it is a County Court Judgment and, therefore, is not binding on other courts. This means that a blanket policy of refusing potential tenants who claim housing benefit is unlawful; however, agents can still refuse potential tenants who claim housing benefit.
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What a night! We’re over the moon to share that we’ve brought home two incredible awards from this year’s National Landlord Investment Show (NLIS) Awards , held at the De Vere Grand Connaught Rooms in London. Woodstock Legal Services was named "Best Landlord Legal Services Provider" for the fourth year running, and our very own Anna Hughes, Director and Head of Landlord & Tenant , was crowned " Woman in Property of the Year" . Both awards mean so much to us. They reflect the hard work, care and dedication that our whole team puts into supporting landlords and property professionals every day. Anna said: "It was such a special evening. To be recognised alongside so many brilliant people in the industry was an honour, and to celebrate our team’s fourth consecutive win made it even more memorable. I’m so proud of what we’ve achieved together." Alongside our leading expertise in landlord and tenant law, Woodstock offers a full service across residential and commercial property, property litigation, dispute resolution, employment law, family law, private client matters, media and technology, and corporate and commercial law. Our consultancy model gives us the opportunity to attract some of the best lawyers in the sector: experienced specialists who work seamlessly with our in-house team. This blend of insight and collaboration allows us to offer clients a well-rounded service, particularly in landlord and tenant matters where our consultants and core team work closely together to deliver clear, practical and jargon-free advice. Carly Jermyn, Managing Director of Woodstock Legal Services, commented: "It was such a proud moment for all of us. Awards like these are the result of genuine teamwork and the relationships we’ve built with our clients over the years. Seeing Anna recognised in this way was the highlight of the evening – she’s an outstanding lawyer and leader, and we’re lucky to have her." We’re so proud of what we’ve achieved – and so grateful to every client and colleague who’s been part of the journey. Here’s to another year of doing what we love and continuing to bring a fresh approach to law.