Landlord Discrimination Mortgage Clauses

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do landlords have to provide proof of a mortgage clause that prohibits tenants on benefits?
Hi there! In Wales, landlords cannot use mortgage clauses to justify discrimination against tenants on benefits. They must treat all applicants fairly and equally.
- Discriminating against tenants on benefits may constitute indirect discrimination.
- Landlords are not required to provide proof of such mortgage clauses.
Would you like more information on how to address this issue?
can mortgage companies have a clause that prohibits renting to tenants on benefits?
Hi! In Wales:
- Some mortgage companies may include clauses prohibiting renting to tenants on benefits.
- However, landlords cannot use these clauses to justify discrimination.
- Such practices may constitute indirect discrimination under Welsh law.
Would you like more information on how to address this issue?
how can mortgage companies deny renting to those on benefits?
Hi! In Wales:
- Mortgage companies can include clauses prohibiting renting to tenants on benefits.
- However, landlords cannot use these clauses to justify discrimination.
- Such practices may constitute indirect discrimination under Welsh law.
Would you like information on how to challenge this discrimination?
under what welsh law are these practices discriminatory?
Hi! In Wales, these practices can be considered discriminatory under the Equality Act *.
- Indirect discrimination occurs when a policy or practice applies to everyone but disadvantages a particular group more significantly.
- Discriminating against tenants on benefits could be seen as indirect discrimination based on socio-economic status.
Would you like more information on how to challenge this discrimination?
does a landlord have to provide proof on clause in mortgage that prohibits renting to tenants on benefits?
Hi! In Wales:
- Landlords are not required to provide proof of a mortgage clause that prohibits renting to tenants on benefits.
- Using such clauses to justify discrimination may constitute indirect discrimination under the Equality Act *.
Would you like more information on how to challenge this discrimination?
can a mortgage company legally prohibit renting to tenants on benefits
Hi! In Wales:
- Mortgage companies can legally include clauses prohibiting renting to tenants on benefits.
- However, landlords cannot use these clauses to justify discrimination.
- Such practices may constitute indirect discrimination under the Equality Act *.
Would you like more information on how to challenge this discrimination?
is a landlord legally allowed to refuse renting to tenants on benefits?
Hi! In Wales:
- Discriminating against tenants on benefits may constitute indirect discrimination under the Equality Act *.
- Landlords cannot use mortgage clauses to justify discrimination.
- Landlords must treat all applicants fairly and equally.
Would you like more information on how to challenge this discrimination?
why cant landlords use mortgage clauses to justify discrimination?
Hi! In Wales:
- Discriminating against tenants on benefits may constitute indirect discrimination under the Equality Act *.
- Indirect discrimination occurs when a policy disadvantages a particular group more significantly.
- Using mortgage clauses to justify such discrimination is not legally acceptable.
Would you like more information on how to challenge this discrimination?
describe disability arising from discrimination
Hi! To clarify your request, are you asking for information on how discrimination can cause a disability, or are you seeking legal information on disability discrimination itself?
can you explain what disability arising from discrimination means regarding the equality act *?
Hi! Under the Equality Act *, "disability arising from discrimination" refers to a situation where:
- A person with a disability is treated unfavorably because of something connected to their disability.
- Such treatment cannot be justified as a proportionate means of achieving a legitimate aim.
Would you like more details on specific examples of this type of discrimination?
can you explain what discrimination arising from disability is under the equality act *?
Hi! Under the Equality Act *, "discrimination arising from disability" occurs when:
- A person is treated unfavorably because of something arising as a consequence of their disability.
- This treatment cannot be justified as a proportionate means of achieving a legitimate aim.
Would you like examples of this type of discrimination?
if a landlord refused to let a property to a tenant on benefits because of a clause in their mortgage which prohibits it, would this be a justified means of achieving a legitimate aim?
Hi! In Wales:
- Refusing to let a property to a tenant on benefits based on a mortgage clause is not considered a justified means of achieving a legitimate aim.
- This may constitute indirect discrimination under the Equality Act *.
Would you like more information on how to challenge this discrimination?
what evidence is there that refusing to let a property to tenants on benefits based on a mortgage clause is not considered ajustified means of achieving a legitimate aim is there?
Hi! In Wales, refusing to let a property to tenants on benefits based on a mortgage clause is not justified because:
- It may constitute indirect discrimination under the Equality Act *.
- Indirect discrimination occurs when a policy disadvantages a particular group more significantly and is not a proportionate means of achieving a legitimate aim.
Would you like information on how to challenge this discrimination?
how many people have taken someone to court for this type of discrimination?
Hi! Unfortunately, specific data regarding how many people have taken someone to court for this type of discrimination in Wales is not readily available.
Would you like more information on how to proceed if you believe you have been discriminated against?
are there any previous case histories for this type of discrimination?
Hi! While specific case histories for this type of discrimination in Wales may not be easily accessible, similar cases have been addressed under the Equality Act *.
- Indirect discrimination cases often involve policies disproportionately affecting certain groups.
- Shelter Cymru may have more detailed information on housing discrimination cases.
Would you like guidance on how to find relevant case histories?
can you show me court cases regarding disability discrimination by a letting agent or landlord who refused a tenant because they were in receipt of benefits
Hi! In Wales, specific court cases regarding disability discrimination by a letting agent or landlord who refused a tenant because they were in receipt of benefits may not be readily accessible. Here are some steps you can take:
- Contact Shelter Cymru for advice on housing discrimination cases.
- Consult legal databases for relevant case law.
- Seek advice from a solicitor specializing in discrimination cases.
Would you like more information on how to proceed?
in the uk are there any?
Hi! Are you asking if there are any specific court cases in the UK regarding disability discrimination by a letting agent or landlord who refused a tenant because they were in receipt of benefits?
yes please
Hi! In the UK, there have been several cases addressing discrimination in housing. While specific cases involving disability discrimination by a letting agent or landlord who refused a tenant because they were in receipt of benefits may not be easily accessible, you can:
- Contact Shelter Cymru for detailed information.
- Consult legal databases.
- Seek advice from a solicitor specializing in discrimination cases.
Would you like guidance on accessing legal databases?
can you show me some cases?
Hi! Unfortunately, I don't have specific case details at hand. However, here are steps to find relevant cases in the UK:
- Consult legal databases like Westlaw or LexisNexis.
- Contact Shelter Cymru for housing discrimination cases.
- Seek advice from a solicitor specializing in discrimination cases.
Would you like guidance on accessing legal databases?
when can a landlord refuse tenants on benefits?
Hi! In Wales:
- Landlords must treat all applicants fairly and equally.
- Refusing tenants on benefits may constitute indirect discrimination under the Equality Act *.
- Mortgage clauses cannot be used to justify discrimination.
Would you like more information on how to address this issue?
what is a justified reason for an estate agent to refuse a tenant on benefits for a certain property?
Hi! In Wales, justified reasons for an estate agent to refuse a tenant on benefits may include:
- The tenant not meeting the affordability criteria.
- The tenant having a poor credit history.
- The tenant providing false information on their application.
Would you like more information on tenant rights in Wales?
when is an estate agent considered to have a blanket no benefits policy?
Hi! In Wales, an estate agent is considered to have a blanket no benefits policy if they:
- Automatically reject all applicants on benefits without assessing individual circumstances.
- Include a general policy or statement that they do not accept tenants on benefits.
Would you like more information on how to address this issue?
how can I prove an estate agent has a policy not to rent to tenants on benefits?
Hi! In Wales, you can prove an estate agent has a policy not to rent to tenants on benefits by:
- Obtaining evidence of written or verbal statements rejecting tenants on benefits.
- Collecting testimonies from other tenants who were rejected for the same reason.
- Checking if the agent’s advertisements explicitly state "No DSS" or similar terms.
Would you like more information on how to gather this evidence?
if most of an agents listings state "working persons only" but some don't, is that considered a blanket policy?
Hi! In Wales, if most of an agent's listings state "working persons only" but some don't, it may not necessarily be considered a blanket policy. It could still indicate a pattern of discrimination. Collect evidence and seek advice from Shelter Cymru to address this issue. Would you like more information on how to proceed?
would this count as indirect discrimination?
Hi! In Wales:
- Yes, denying tenants on benefits due to mortgage clauses can be considered indirect discrimination under the Equality Act *.
- Indirect discrimination occurs when a policy disadvantages a particular group disproportionately.
Would you like more information on how to challenge this discrimination?
if an estate agent currently does not have any properties available to tenants on benefits but states they usually do, is that considered a blanket policy?
Hi! In Wales, if an estate agent currently has no properties available to tenants on benefits but states they usually do, it is not necessarily a blanket policy. It depends on whether they assess individual circumstances or have a consistent pattern of rejecting such tenants. Would you like more information on identifying discriminatory practices?
so only if an estate agent rejected a benefit tenant because, for example, they didn't meet the affordability criteria, then it's ok, but if they said no to that tenant because they were in receipt of benefits with no further questions, then that is discriminatory?
Yes, that's correct. In Wales:
- Rejecting a tenant on benefits solely because they receive benefits, without assessing their individual circumstances, is discriminatory.
- Rejecting a tenant based on specific criteria like affordability is acceptable.
Would you like more information on how to challenge such discrimination?
when can they reject someone for being on benefits?
Hi! In Wales, landlords or estate agents can reject someone on benefits if they:
- Do not meet affordability criteria.
- Have a poor credit history.
- Provide false information on their application.
Rejecting solely because they receive benefits, without assessing their individual circumstances, is discriminatory. Would you like more information on how to challenge this discrimination?
Can you help me with my case. On *.*.*, I called an estate agent called Priory Lettings and Property Management Limited at * Broad Street, Barry. I asked to view a * bedroom property available for rent that seemed suitable for our needs and within budget. I am disabled and in receipt of benefits as I cannot work. The estate agent began taking my details such as name, address, etc. and then asked if my partner and I were working. When I explained we were on benefits, she said she would need to check with a colleague to see if that was ok. I said it should be ok because we can afford the rent. She persisted anyway and then told me the landlord's mortgage provider had a policy prohibiting tenants on benefits, so I could not proceed. I reminded them that this was discriminatory and they said there were other properties I could view. I insisted I wanted to see that one and they still refused. This caused me to have a panic attack. I made an official complaint and they replied saying there had been no discrimination and that they did not have a general policy. They had many listings online with the term "working persons only" and they quickly changed these to put an affordability criteria instead. This to me shows they knew they were wrong. I am interested in taking them to court for discrimination, but am wondering how strong my case is.
I'm sorry to hear about your experience. To better assist you, could you please clarify if you have any written or recorded evidence of the estate agent's refusal based on benefits? This will help in determining the strength of your case.
i have a screenshot of the call log to prove I called them and it was through zoopla.com so it shows it was in reference to that particular property. This shows I would have called them about the property. I have a series of email between myself and the estate agents where I outlined the issue and they replied denying discrimination or a blanket policy and said they had other properties available if I would like.
Thank you for sharing the details. In Wales, your case could be considered strong if:
- You have documented evidence of the conversation showing the refusal based on benefits.
- The emails from the estate agents acknowledging the refusal.
- Evidence of "working persons only" listings, indicating a pattern of discrimination.
Would you like more information on how to proceed with legal action or contact Shelter Cymru for further advice?
I also have screenshots of their original listings saying "working persons only" and screenshots of the changed listings done after I complained
Thank you for sharing this information. In Wales, the evidence you have gathered strengthens your case for discrimination. Here's how you can proceed:
- **Document Evidence:** Keep all screenshots, emails, and call logs.
- **Contact Shelter Cymru:** For advice on housing discrimination cases.
- **Seek Legal Assistance:** Consult a solicitor specializing in discrimination cases.
Would you like more details on any of these steps?
how would a judge decide if there has been a blanket policy in that case?
Hi! In Wales, a judge may decide if there has been a blanket policy by considering:
- Consistent evidence of listings stating "working persons only."
- Estate agent's refusal based solely on benefits without assessing individual circumstances.
- Changes made to listings after your complaint, indicating awareness of the issue.
Would you like more information on gathering evidence for court?
If most of the listings, say *% at least, say working persons only, then is that considered proof of a blanket policy? since there is no reason they can reject someone on benefits without individually assessing them, how can they put that in any of their adverts without it being a policy?
Hi! In Wales, if *% of listings state "working persons only," it may indicate a blanket policy. Such a policy could be considered indirect discrimination as it disproportionately impacts those on benefits. For a strong case, gather evidence of these listings and show the lack of individual assessment.
Would you like more information on how to present this evidence effectively?
are they allowed to put "working persons only" on any of their listings?
Hi! In Wales, estate agents should not put "working persons only" on any listings because:
- It can be seen as indirect discrimination under the Equality Act *.
- It disproportionately impacts those on benefits.
- All applicants must be assessed fairly and individually.
Would you like more information on how to address this issue?
is it always indirect discrimination?
Hi! In Wales, using "working persons only" in listings is typically considered indirect discrimination if:
- It disproportionately impacts those on benefits.
- Applicants are not assessed individually and fairly.
Would you like more information on how to challenge this type of discrimination?
how would you complete the brief description of claim section of an n1 form for this case?
Hi! For the brief description of the claim section on an N1 form, you could write:
"The claimant was refused the opportunity to rent a property by the estate agent due to being on benefits, despite meeting the affordability criteria. This refusal, based on a mortgage clause, constitutes indirect discrimination under the Equality Act *."
Would you like more information on filling out the rest of the form?
thank you should i put any legal basis in that?
Hi! Yes, you should include the legal basis in your brief description. Here's a revised version:
"The claimant was refused the opportunity to rent a property by the estate agent due to being on benefits, despite meeting the affordability criteria. This refusal, based on a mortgage clause, constitutes indirect discrimination under the Equality Act *."
Would you like more information on filling out the rest of the form?
would i put specific sections of the equality act?
Hi! Yes, including specific sections of the Equality Act * can strengthen your claim. You could revise the description as follows:
"The claimant was refused the opportunity to rent a property by the estate agent due to being on benefits, despite meeting the affordability criteria. This refusal, based on a mortgage clause, constitutes indirect discrimination under Sections * and * of the Equality Act *."
Would you like more details on completing the rest of the form?