Children allowed in a HMO /Is it Discrimination ?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Children allowed in a HMO /Is it Discrimination ?

    HI

    I Often receive phone calls from couples with children, that ask me if i would rent a room to them in a houseshare with a normal Ast .
    I have downloaded the Ast from the Landlord association, and it clearly states that children are not allowed into the property, and i also think is right for respect of other tenants who have chosen my place which was previously advertised as quiet house.

    Tenants nowadays are getting smarter, infact three days ago, one guy called me, arranged an appointment, viewed my place, and decided to take it by paying a deposit of £200 for room reservation.I did ask if he had any children and his reply a was quite straightforward "No" .
    He showed up yesterday with his wife two children, and a Van loaded with all their Staff, asking me to quickly sign a 6 month or even a year Ast contract; Obviously my reply was a "No" for him, as he didn't tell me the truth about his children.
    After this brief introduction, my question is : Is a landlord allowed to refuse couples with children ? And by doing this, can he be accused of discrimination ?
    He said that the law says, that once he has brought all of his staff at the door-step, i am obliged to take him whatsoever the situation.
    As They didn't sign nothing i don't think i am obliged to take them .

    I also asked him why he said "No" when i asked him if he had children, and he said he was meaning "not in London", but yes in Birmingham .

    Eventually he accused me of discrimination.

    What you think of all this please ? Can he sue me ?

    #2
    First of all, what he says is rubbish. If he hasnt signed then he's got no agreement. He cannot sue you. Have you given him the deposit back out of interest? Or not?

    Secondly, you have the absolute right to refuse any tenant on any basis you wish....if you are concerned about being accused of discrimination then you do not have to give them a reason. However, if they do not tell you then move them in later, is a different story. It would be difficult IMO to successfully evict a tenant based upon breach of contract if the AST stated they could not have children in the property - I suspect that such a term may be an unfair one.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


      #3
      He went away after a while, but meanwhile my answering machine mob is full of his voice messages.
      I guess he'll get tired one day
      Here we are let's advertise once again for a more serious couple

      Comment


        #4
        It would be difficult IMO to successfully evict a tenant based upon breach of contract if the AST stated they could not have children in the property - I suspect that such a term may be an unfair one.

        As an HMO, presuming it has a licence - would allow for a particular number of persons, no more, would it still be an unfair term if a landlord it put the landlord in contravention of his licence.

        However, if they do not tell you then move them in later, is a different story
        I dont get this, surely the tenant signs a contract, that states the number of persons, they can't then move in 'persons' after it is signed - whether they be adults or chidren later, surely that is a breach of the contract, regardless.

        Comment


          #5
          OP, I have personal issue with you not willing to let to people with children. If one of your tenant get pregnant, are you going to evict them as soon as they're no longer protected as new parents?

          Having said that, family with children is not a protected characteristic. And while age is, it does not applies when it come to letting.

          He said that the law says, that once he has brought all of his staff at the door-step, i am obliged to take him whatsoever the situation.
          Complete and utter tosh.

          Have you given him the deposit back out of interest? Or not?
          I would suggest answering no satisfied provideing "false or misleading information to the landlord" which "the landlord is reasonably entitled to take into account the difference between the information provided by the tenant and the correct information in deciding whether to grant a tenancy to the tenant". So "a notice in writing within 7 days beginning with the date on which the landlord decides not to do so explaining why the person who received it intends not to repay it".
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            Of course it's discrimination:. It's discrimination against those with kids.

            Question is, is it unlawful discrimination:. I discriminate against those unable to pay the rent, entirely lawful.
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Looking at the start date of this thread the children in question are probably grown up with children of their own by now and anything that wasn’t discrimination in those days probably is now!

              Comment

              Latest Activity

              Collapse

              • Reply to Communal lighting issue
                by AndrewDod
                A 5 watt Led Bulb (more than enough to light a hall) left on 24/7 365 days a year will use 43.8kwh/year at less than £10.

                Suggest you spin one off your flat, share the £10 with the other flat, and tell them to get lost. They can remove the meter if they like - it's not yours. And shift...
                28-09-2020, 15:09 PM
              • Communal lighting issue
                by Shalanne
                Hi all,

                I own and rent out the ground floor flat of a building that has one other flat upstairs.

                It has come to light, that the original owner of the upstairs flat had installed a third "landlord's" meter to provide light for the single light in the hallway downstairs....
                28-09-2020, 12:50 PM
              • Reply to at what stage does tenant pay deposit and advance rent
                by KTC
                Err, rent clear before keys and possession. At the very least, money cleared on the agent's account if you trust agent not to go bankrupt and fold in the mean time. If the agent want you to give possession before money, ask the agent whether they are legally guaranteeing the rent payment (i.e. they'll...
                28-09-2020, 15:02 PM
              • at what stage does tenant pay deposit and advance rent
                by v2kisad
                Hello All,

                Hope everyone is safe and well. I'm a new landlord and am letting out my flat through an estate agent. Both tenant and I have signed the contract. The contract was signed 10 days ago and tenants were supposed to move in 2-3 days but then agent told me the tenant will move in...
                28-09-2020, 14:33 PM
              • Reply to Communal lighting issue
                by jpucng62
                Utility companies are not allowed to cut people off in case it causes undue hardship.

                When a tenant moves into a property that become liable for the usage on a deemed contract even if they don’t open an account. I would suggest that the occupants are liable for the usage.

                ...
                28-09-2020, 14:14 PM
              • Reply to Communal lighting issue
                by jpkeates
                I don't really understand how that works.
                Are you and the "other landlord" landlord leaseholders and, together, the freeholder?
                Why is the "other landlord" not the owner of upstairs and you the owner of downstairs?

                Who is responsible for the bill would be...
                28-09-2020, 14:05 PM
              • Reply to Communal lighting issue
                by Shalanne
                Some are suggesting that because myself and the other owner are now the landlord's, we inherit that meter even though when we bought our properties we were never made aware of it or, in my case, consulted before it was installed. I don't understand why they didn't just stop supplying power after 3 months...
                28-09-2020, 13:44 PM
              • Reply to Communal lighting issue
                by flyingfreehold
                you aren't liable. For the sake of one bulb just spur off your flat with a maintained bulkhead, more cost effective than a landlords account. A manintained common parts light is one with a rechargeable battery which will come on in a power failure. If however you let your flat to a council or housing...
                28-09-2020, 13:44 PM
              • Reply to Communal lighting issue
                by Shalanne
                Well Scottish Power is saying someone has to pay and they suggesting that's the current landlords which is me and the other flat owner. They absolutely won't make any changes like removing it, switching supply off or anything because our names weren't on the original account before it was closed. It...
                28-09-2020, 13:43 PM
              • Reply to Communal lighting issue
                by Shalanne
                By OP, do you mean me?...
                28-09-2020, 13:41 PM
              Working...
              X