We had long term tenants in our bungalow, one of whom was eventually confined to a wheelchair. At the end of the tenancy the damage to doors, architraves and skirting boards was widespread and cost nearly £1,000 to repair.
Recently we had a viewing arranged with prospective tenants who had travelled nearly 100miles. When they arrived and before they viewed it was clear that one was a wheelchair user. In light of our previous experience we terminated the viewing before they even entered the bungalow.
Were we within our rights to discriminate in this way?
5 Likes
You would have been better to allow them to view , Said nothing and taken it from there. To not let them at least view it after that travel was unkind.
14 Likes
I wonder if it is okay to include wording in your adverts stating that the property is unsuitable for wheelchair users? That doesn’t prevent people from enquiring.
3 Likes
Would’ve liked to have been a fly on the wall for that conversation
4 Likes
On reflection I should have handled it differently. However I was asking whether I am open to a charge of discrimination
1 Like
I think you already know the answer to that. If it was me in a wheelchair, you’d be hearing from my solicitor with a demand covering my travel costs and a good will payment.
14 Likes
Is there no onus on the prospective tenant to warn the landlord of their disability
Good screening questions from landlord could have avoided this situation.
This is difficult for landlords. If a property isn’t suitable for people in wheelchairs, it is impossible to avoid discriminating against them.
I understand that “reasonable adjustments” can be expected by disabled tenants, whatever that means.
2 Likes
I’m not sure I’d be using the word “warn” for declaring a protected characteristic. After all, it’s not a hazard. If there is an onus, I think it may be on the LL to be clear about why the property is not suitable for someone in a wheelchair. After you’ve clearly had someone living there who did find it suitable with a wheelchair, it’s hard to see any other reason that simply wear and tear that indicates why you feel it’s unsuitable. At the end of the day, it’s your property to decide who to rent to, and you don’t have to give a reason, but when lettings are as hard to find as they are nowadays for tenants without disabilities, I can imagine how much harder it must be for wheelchair users to find something suitable. I’d be allowing them to let with a higher rent to cover increased wear and tear. Over the course of the tenancy, that will more than cover repairs of £1,000.
7 Likes
doorways will always be a problem as 30 inch doorway is not enough it needs to be 36 inch… Altering means a new lintel, door frame and door (if you can find a 36 inch door ) It would have to be a door blank at that size?
2 Likes
If it’s all 30 inch doorways, then fair enough it’s easy to state that on the ad and say “therefore unsuitable for wheelchair users”. The OP mentioned someone who eventually became wheelchair bound i.e. a new user. An alternative is that as experienced wheelchair users are very adept at navigating 30 inch doorways, giving applicants and the LL an opportunity to see them navigating the property would reveal whether it’s suitable.
3 Likes
problem with the 30 inches is that there are 2 rebates 1/2 inch each and 2 inch of door at 90 degree open so effectively a 27 inch opening Getting thru without damage 100 % of the time is not possible . Also hands on wheels to move it.
1 Like
As has been said, your actions have likely illegally discriminated against someone with a protected characteristic that was under no duty to inform you of their disability. The consequences could be far more severe than just covering their train fare. They could sue you for thousands of pounds and you could get a banning order preventing you from being a landlord. I would suggest you seek legal advice if you hear anything further about this.
5 Likes
Yes you are open to a charge of discrimination under the Equality Act 2010
Prospective tenants have successfully sued a LL for discrimination against UC
David Smith advises just say you are moving forward with different applicants
There are different types of wheelchairs
Ones that are narrower in fit
When my mother was in a wheelchair temporarily we purchased one that was designed to fit through a standard 2’6” door
She managed without damaging anything
Good luck
5 Likes
What was your exact explanation to them for not wishing to proceed with the viewing?
2 Likes
As I said before I could have handled it differently, really by subterfuge, and going through a charade of carrying out a viewing, letting them get their hopes up and then lying to them.
I clearly wasn’t discriminating against the disabled person as I had already allowed a tenant to have a wheelchair. I just knew that the bungalow, particularly the doorways could not be adapted to avoid the extensive damage I had already experienced.
If nothing else I will have put other landlords on their guard in dealing with a similar situation.
3 Likes
Well, look at it this way, you could have courteously allowed them to view the property and then while doing so, observed how the wheelchair user managed access. You could have either seen that they were more than capable of getting around the property or, if they struggled, could have been frank about that and your recent history of having to redecorate. Lying wasn’t necessary. Talking explicitly about concerns you have with applicants is all part of responsibly managing a viewing. In fact, in my experience, specifically doing this is a good way of finding out if you have someone who will be cooperative or defensive or rational or understanding etc. when faced with a challenge. Very useful to know.
Was it not rather that precisely because you had already allowed a former tenant to have a wheelchair you were specifically discriminating against this disabled applicant?
4 Likes
Duncan that tenant was “eventually” confined to a wheelchair , so started off being able bodied . You had no choice other than to let them stay. If I were you I would stop digging this hole
5 Likes
You should’ve just been honest about the last tenants damage of the doorways and questioned the suitability of the property.
There are very limited rental options for wheelchair users…
3 Likes
I understand that tenants can approach L/A’s and get grants of up to £30K to make required adjustments, with L/Lord’s permission - with the caveat that the property is returned to its original condition at the end of the tenancy. (If that happened, it may well suit a L/Lord to leave it in the ‘adjusted’ state for the future)
5 Likes