Here is a question to the blog clinic from Lee who is a tenant
I am wondering whether you might be able to advise if my partner and I are victims of discrimination.
I am a gay man in a relationship, my boyfriend and I have decided to get a place together. We applied for a flat through a local agent, it was perfect for our needs so we were very excited when our references passed and the landlady said she was happy for us to move in.
A few days later we were extremely disappointed and angry when we were told that our application had been declined by the building management because there is a policy against cohabiting men (and also cohabiting women). We asked them why and if they would reconsider but they said that rules are rules.
The agent and the landlady did everything they could but their hands were tied, they were fantastic throughout and refunded our money with an apology. We have no problems with them whatsoever.
We were told that the building has high standards and prefers to let to families, opposite-sex couples or single professionals. They also do not allow tenancies for students or people on benefits, which is far more understandable. Without wishing to stereotype, the agent did mention that many of the flats are owned by retirees from a more conservative era.
We have written a complaint to the building management asking them to explain their policy but they have not replied and it is obvious that it has been ignored.
My partner and I have now found a flat in a block which lives in the 21st Century. We want to take the matter further but we have been told that there is no law stopping building managers stipulating who they let to and they can refuse to let to same-sex couples if they wish. Please tell me this is wrong?
I will not name the building management company but I can tell you that the flat is in Portsmouth.
Hopefully most people reading this will agree with me that this is shameful. I am not a human rights lawyer so I have had a look at the main resource on human rights which is the Equality and Human Rights Commission website.
The website is not the easiest to navigate but here are some helpful pages I have found.
There is no doubt that discrimination against someone due to their sexual orientation is unlawful and this is confirmed on this page.
Housing is an area where people can expect not to be discriminated against – a page here considers this and gives examples of unlawful behaviour. They do not include refusal to rent to a gay couple but this must be included.
However when it comes to what you can do about it, the options (according to this page) seem to be:
- Complain directly to the person or organisation.
- Use someone else to help you sort it out (alternative dispute resolution).
- Make a claim in court.
However:
- You have tried complaining to the company and they have ignored you.
- As you have found somewhere else, you don’t really need to have it ‘sorted out’ . In any event alternative dispute resolution needs the consent of both parties and is not cheap.
- Making a claim in court would also be expensive and probably excessive in the circumstances, although see below.
What you want, I assume, is to make a point to the company so that they do not do this again to others in your situation.
Here are some ideas I have come up with:
- See if the management company is a member of any professional organisation and complain to them
- Contact the Equality Commission and get some advice from them (see the page here)
- Contact the local trading standards office – they may be able to help
- You may also be able to interest a firm of solicitors in a no win no fee claim – I have no experience in this type of work but from what you have said I suspect you would have a good chance of success.
If readers have any suggestions please use the comment box below (although note that all comments close after 3 months).
It is, I think a clear cut breach of Equalities Act 2010. Clear discrimination on grounds of sexual orientation. The building management have acted unlawfully.
What can be done? It is possible to bring a claim – perhaps the best known example is this one http://www.bbc.co.uk/news/uk-england-25119158
As that case shows, damages aren’t high, but can be obtained where there is no long term loss.
The Equalities Commission sometimes brings cases too, but my understanding is that lack of funds and staff mean that it only does so on ‘major’ cases these days.
I agree with Giles. Certainly on the face of it this would appear to be caught by s.34(1), Equality Act 2010. None of the exceptions in Sch.5 would seem to apply.
The EHRC has a casework and litigation strategy that they apply to decide whether to bring and/or intervene in cases, but I have similarly heard that their available resources (or lack thereof) mean that it is quite difficult to get them on board (at least in the county court).
Thank you both for your comments.
I felt is was important to publish this post (even though I do not have any human rights experience myself) so at least there is some help available for people in this position.
Although I would hope that this sort of blatant discrimination is a relatively rare event.
You are assuming the decision was made discriminating against gay people in general.
Without knowing all the facts, but the complainant is not in an established relationship as it appears they have only recently decided to share a flat and this would have been their first. Perhaps the decision was made with a preference for “established” couples.
Ant – the facts as set out by Lee include “there is a policy against cohabiting men (and also cohabiting women)” and that they prefer to let to, inter alia, “opposite-sex couples”. Not established opposite-sex couples, but opposite-sex couples simpliciter. As you say, perhaps the decision was made with a preference for “established” couples, but that is not what was said in any way, shape or form (at least, as it has been relayed to us); perhaps they have a secret policy of not letting to anyone named “Lee” and were too ashamed to admit, but there is nothing – on these facts – to suggest any sort of reasoning other than sexual orientation.
I know managing agents can be bonkers but even so, this takes it to new limits.
Is the OP absolutely sure this is about discrimination against same sex couples and not just a rule to prevent 2 young single blokes setting up an all night party shag pad etc?
Not saying it shouldn’t be challenged and changed appropriately but if that was the real intention, it makes it more understandable.
Might be worth asking advice here;
http://www.lease-advice.org/
I don’t think that the Leasehold Advisory Service would be able to help Lee, as he is not the leaseholder. They might be able to help the landlady, who could even have a good argument against the managers for their refusal to grant consent to the subletting, but we would need to see the lease to know that.
If this is indirect discrimination, rather than direct discrimination, then I suppose the managers could seek to justify it by reference to the fear of an “all night party shag pad”, but that would be a brave, and possibly even a courageous, argument.
Hello Chief;
“I don’t think that the Leasehold Advisory Service would be able to help Lee, as he is not the leaseholder.”
Then you would be wrong. My bold(if it ever works!);
http://www.lease-advice.org/aboutus/
“LEASE, The Leasehold Advisory Service, is a Non Departmental Public Body (NDPB) funded by Government to provide free legal advice to leaseholders, landlords, professional advisers, managers and others on the law affecting residential leasehold in England and Wales.”
“I suppose the managers could seek to justify it by reference to the fear of an “all night party shag pad”, but that would be a brave, and possibly even a courageous, argument.”
We differ substantially on the meaning of ‘brave’ and ‘courageous’.
-‘more understandable’ is a lot more appropriate.
Nah, HTML doesn’t seem to work – I had tried to italicise the word “think” in mine to show that it was just a thought and no more than that!
I’m still not sure that they would be able to help, as my understanding is that their funding has been cut back and it is not their core area, but I suppose it can’t hurt to ask.
Totally disagree on your last point though, I’m afraid. I don’t see how relying on a ridiculous stereotype is any less offensive. Quite the opposite.
this looks very like unlawful discrimination and there is a rpocess for dealing with it in housing: see https://www.gov.uk/government/publications/asking-and-responding-to-questions-of-discrimination-in-the-provision-of-goods-and-services-and-public-functions.
You simply send the “perpetrator” a simple questionnaire, included in the guide, asking for their response to the allegation. They are strongly advised to respond to it. If they get legal advice at this point, then they will be told that such questionnaires can be part of the evidence you may use in county court proceedings.
So it is a good way to fire a warning shot. And if it does not get an apology and a change of policy then you should consider court action. As Tessa says, maybe no win no fee, but worth asking Stonewall if they could recommend a pro bono service that might take it on for free because it is a matter of principle.
Thank you Sue, that is really helpful advice.
I’m a gay landlord. I’m appalled by this behaviour. If the costs and risks are acceptable to you Lee, I hope you will be able to send a message to this landlord that if they are providing a service to the public, they must do so without discriminating.
I know that the landlord is supposed to know who is going to live in the flat, and that now that the gay couple was discriminated, the matter is no longer about renting the appartment. But I think only one of them should have rented it and then, brought his partner along. I don’t think they could kick them out then…