There’s an expression i like.
“You cant have what you can’t afford”
Life really is that simple.
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All choices are discrimination, but they are only actionable if they relate to a breach of the law, and the one you describe isn’t.
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So, enlighten us, how in the application process is it obvious to a LL that you have your specific disability?
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That’s really very offensive and a just tad discriminatory.
Irony much ……
Cannot ‘ reasonably’ refuse
. Yesterday David Cox, general counsel for Rightmove, highlighted circumstances which may be grounds for refusal , eg allergies
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The LL doesn’t need to know of the disability - it’s not a subjective test but an objective test. I’d recommend reading about comparators, types of discrimination as much information is online.
Obviously that’s not how tort law works. Actions can happen against civil relationships between known people. If someone says ‘old people wee more than dogs’ clearly that can’t give an actionable discrimination case in court against everyone of a certain age because civil law (which discrimination operates under) works on relationships between known interactions. That’s what the civil law is. Hill v Chief constable of Yorkshire police (1981) - is a test case where duty of care isn’t owed to a specific subset of the population from specific groups for example.
If I was a landlord and said I’m not allowing x tenant because they may wee on my carpet or soil the flat and make it smell, accountable to their old age or disabilities, and I said this to the tenant or their agent, then there exists the setting up of an actionable case in discrimination ‘arising out of consequence of disability’. Disability and incontinence is a protected characteristic the elderly person cannot control. The comparator is someone who wants to rent the flat, so is in a similar situation, but doesn’t have the disability and maybe they are younger. You’ve placed them at a disadvantage relative to the non protected person and have treated them ‘unfavourably out of this disability’ The discrimination has happened on the basis of disability and the landlord has discriminated. All these wordings are set out in the equality act. It doesn’t need to be as the other poster suggested that you need know the tenant is incontinent before you can discriminate. If I said I don’t want elderly people in my flat as they might pee on the floor and I didn’t know the tenant has an issue with it, and it turns out the tenant has such a problem, then my decision is discriminatory against that person because it places them in an unfavourable position relative to someone who doesn’t have the disability. As I’ve had an interaction with them and they are not some unknown potential tenant, then my actions have discriminated.
Hope that helps.
‘In fact elderly people probably have more a chance of urinating on carpets or floors than she does ‘
My point is your statement in itself is offensive and based upon what medical grounds ?
How much experience do you have in geriatric medicine ?
You may have had better luck if you’d have compared a toddler in potty training
But you can put a spin on it to disown it if that makes you feel better ….
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Another round anyone?
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oh to have all the time in the world… maybe yoga or a walk ?
Well that’s easy. If I don’t want you to rent my property and you have a disability that I cannot see and am not made aware of (such as PTSD), then there’s no proof that I could possibly have discriminated on the basis of your disability. Job done.
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Calling anyone’s views on here “a bit thick” is offensive and uncalled for so post flagged to hopefully be removed if not at least hidden.
I’ve asked you to explain the law, and you’ve told me to go and look on the internet which isn’t very helpful, particularly when you claim to be more knowledgeable than people like me. I honestly can’t see how any LL can discriminate against you on the basis of your disability when you don’t disclose your PTSD to them and a mental health issue like this is not visible at any point in the application process.
If I’m mistaken in my view, then I’m open to being educated in a respectful way, but by definition in order to discriminate, you need prior knowledge as a basis on which to do so.
Better off keeping as it illustrates his true character
I would like to flag it all ,the remarks are so out of reality and some just plain wrong ,but whatever we say it just goes in one ear and out the other. (I have not yet offered a chip to go on the opposite shoulder)
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Yes but you have offered a chisel so we can just get rid of the one chip not needing another to balance it
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We have sold our rental flat now, but when we had it, the lease forbade pets (even to owner-occupiers). If I’d lived there myself I couldn’t have a pet.
So although I never had a tenant who wanted a dog or cat, I would have refused because of the lease.
So…get a property with a lease that forbids pets!
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Do you mind listing this clause?
I don’t use open rents contract . This is from my contract written by my solicitor.
Not to keep animals , birds, insects, reptiles or other livestock on the premises without the consent of the LL in writing , such consent not to be unreasonable withheld.
If permission is granted the LL is permitted to charge a fee of not more than £50 ( inclusive of VAT) . A condition of this agreement may be that the rent is increased to cover the additional wear and tear at the property.
Obviously I can’t write out Tessa’s pet contract as it’s likely a breach of copyright
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Gosh, read all the exchanges on this one with much amusement. Lots of heat under lots of collars - almost enough to fry some shoulder chips!.
With a mixed portfolio of properties, I always make it very clear on advertising for a new tenant if a property is unsuitable for pets. For example, 1 bed city centre flat with high end finish and high rent on a high floor where I would typically be looking for a single working professional is a very different proposition from a 3 bedroom family home with garden. I would never agree a pet request in the former but may well consider it the latter but only with a pet deposit addition to property deposit. Typically 100%. Never had a problem at either end of spectrum - clear communications about level of expectation being key.
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Doesnt this exceed the 5 weeks rent max security deposit allowance?
I thought pet deposits were made illegal under the TFA hence why we were told to start asking for pet rents