Thanks for your responses. I should have explained that there is no level access to the property. We had a ramp in the past but that has long gone. I think that because it’s a bungalow they thought it would be wheelchair friendly. I did show them photographs of the extensive damage we suffered before.
However, my original question was that in the circumstances did my behaviour lay me open to a charge of discrimination.
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And the answer is quite possibly, yes.
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You very obviously did discriminate against the disabled person. Sorry but saying that you won’t ever let to a wheelchair user because the last one left your property damaged is akin to saying that you won’t ever let to a woman because the last female tenant spilled her nail polish all over the carpet. By that I mean that some people are just careless whereas others aren’t. It doesn’t justify generalising and discriminating.
With regards to the ramp issue, many wheelchair users can cope without a permanent ramp, either by being capable of managing a few stairs on occasional basis, or by using a mobile ramp to get in and out.
So yes, they can totally sue you for what you have done.
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In your advert, were there enough up to date pictures of the exterior of the property for this to be obvious to anyone applying?
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Hi Duncan you know the answer to the question. But not allowing a viewing based on appearance is discrimination and you should expect a letter from his solicitor and consider yourself lucky if you dont avoiding legal fees, court costs, time, energy and worry.
You should have gone ahead with the viewing and release themselves that it was not suitable. Or after the viewing and you found someone else say so.
A better screening process is a must before viewings. The only people I put off a viewing is students at a university which would mean two or three modes of transport and an hour travel. Which they ususally release is impractical for a daily commute they usually agree as there are places closer.
Whats happened has happened but you must learn from the experience. Whatever your rationale for refusing a viewing to not even let them see the place it after the travelled such a distance - it was unkind.
The only thought in everyone mind is your refusal based on their appearance. It should have been their refusal based on their viewing and would have avoided you a lot of grief.
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The answer is no, you were not within your rights. I would delete this topic if I were you as your responses can be used as evidence against you.
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My friend let his bungalow to a council supplyed wheel chair user on a five year contract, after the five years it took two more years and court visits to get him out. The council were no help thy backed the tenant as thy had no suitable property to offer him. I understand your caution
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I t is not the wheelchair that was the problem it was the council . Never let thru the council , they will end up throwing you to the dogs and they will never back you up
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Why would you bring this to An open platform? Of course it’s now discrimination. Future reference, keep your thoughts to yourself. You’re not obligated to give a reason as to why you’ve refused a tenant.
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Hi Duncan can I ask what type of wheelchair was the applicant using? I ask because I am registered disabled and I’m limited in walking distances so I have a manual wheelchair for out and about but do not need one indoors now if I wee a permanent wheelchair user I would definitely invest in a electric/battery powered Wheelchair. So you could have avoided this as many have said by better screening.
You do not mention what you said to this viewer but mentioned you told them about the damage to the property the last tenant caused due to becoming disabled so I’d be concerned if you had told them the reason for not allowing even the viewing to take place. I must admit if it was me that traveled 100 miles and then not even given a viewing I’d know immediately that you have judge me on my disability as a wheelchair user because there could be no other reason as to why you didn’t allow the viewing to go ahead so I’d be watching your post box if I was you because you have definitely discriminated staged a protected characteristic.
However if you end up getting away with it I hope it’s taught you that it would be cheaper to repair the damage (which you could have requested a larger deposit to cover yourself) than it would to be prosecuted fr discrimination because they would win and you’d be lucky to walk away with your own home let alone the rental property as these cases can run into thousands and thousands of pounds.
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Buckle up! You could be facing some hefty legal costs.
If i was in that situation i would sue lol. They travelled over 100 miles, you see one is disabled and refuse the showing. May not have any malicious intent but it was cruel. Should have let them view, then let them down. Everyone knows the rental market is tough, they may have viewed the property and decide they didn’t like it who knows!.
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If they were good long term tenants and the damage from the wheelchair use was only £1k , I don’t see why you had a problem.
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I think he has got the message by now
They traveled 100 miles
And you cancelled ?
Are you Drunk?
Personally, I think you should be ashamed of yourself. Not only was this blatant discrimination , you cost them time and money. The very least you coild have done was to say you did not realise they were wheelchair dependent and the property may not be suitable you could have offered travel costs as a gesture. They have every right to take legal action. Particularly after last experience, you should have been clear in ad not suitable and reasons why.
Out of interest what sort of fine / penalty would a LL get , in 37 years as a LL I’ve never heard of a LL getting fined !
I was taken to court by a Muslim couple who viewed my property and I said if you come back with statements and docs I would consider you, after two days two dentists viewed it and immediately provided the docs , and they moved in , 10 days later I had a solicitor letter and court action, so I went and explained what I said to which they agreed led was correct ! Judge threw the case out and awarded me £180 .
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