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Legal matters

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Landlords refuse to rent flat to me because I have a toddler.

105 replies

StephA · 31/07/2012 14:42

Hello Mumsnet.
I have twice been turned down for flats I wanted to rent, because I have a toddler (this was explicitly stated). Where I come from, that's ILLEGAL. Is is legal in the U.K. to do this? Is is normal? I am getting worried about finding a place to live, as there aren't many affordable flats in my area and my lease is expiring soon.

OP posts:
Olympia2012 · 31/07/2012 14:49

Does it say no toddlers or no children?

JuliaScurr · 31/07/2012 14:52

the joy of private rental Sad
hope you find somewhere nice soon

SilkySmith · 31/07/2012 14:54

If the landlord is a leaseholder they may not have a choice, some freeholders put this in the deeds! I know buildings where this is the case

notcitrus · 31/07/2012 14:56

It's legal and fairly common. Best bet is to get the agent to ask the landlord, as often they say by default no kids, pets, DSS, students, but when faced with prospect of an empty place will bend on the first two. If you can provide a guarantor or large deposit that will help.

Viviennemary · 31/07/2012 14:56

I'd say perhaps the landlord is afraid of Health & Safety. for example if the flat isn't a ground floor one it may not be 100% safe for toddlers. Hope you find somewhere suitable soon.

lisaro · 31/07/2012 15:03

Their place, their choice, which I know doesn't help you.

wildkat · 31/07/2012 15:05

Crap isn't it. This happened to me many years back (due to having DS - who was much older than a toddler at the time). I hope you find a great place.

FreckledLeopard · 31/07/2012 15:09

Under English law it's not illegal to specify no children/pets. There are certain grounds under which you cannot discriminate (race, gender) but others that you can (children, pets, those in receipt of Housing Benefit).

Can you offer to pay a larger deposit to cover the increased wear and tear that a toddler would in theory cause? Perhaps if you can get good references from current landlord and offer additional money as security, this might help the landlord reconsider?

MousyMouse · 31/07/2012 15:11

ask the agent. we were in a similar situation, the landlord said 'no children' but we got the flat anyway and stayed for more than 5 years.
good luck!

StetsonsAreCool · 31/07/2012 15:20

It amazes me the number of houses in the 'family' areas and near schools, that state 'no children', although I completely understand why a LL would choose not to allow kids.

We own a flat that we let out (we outgrew it and couldn't sell), and we rent a house elsewhere.

In our case, our leasehold states that we cannot sub-let to tenants with children, even though we could, as owners, have our own children Confused. The lease also prohibited pets and recipients of HB. So, even though we wouldn't (in principle) have an issue with any three of those circumstances, we'd be in breach of our lease and risk losing our mortgage if we did let to someone who had kids, pets or HB.

MousyMouse · 31/07/2012 15:29

stetsons that is outrageous and should be challenged imo.
how discrimminatory!

blackteaplease · 31/07/2012 15:34

It's quite common to state no children and our toddler has done the following in our rental house:
drawn on the front door with wax crayon
broken the bath panel
left grubby handprints at toddler height all the way up the stairs

I'm sure there is more, anyway we have an understanding landord and will make good the damage before we move out but I can see why landlords wouldn't want the hassle.

FruitSaladIsNotPudding · 31/07/2012 15:41

It stinks, you have my sympathies. Should be illegal.

maples · 31/07/2012 15:43

This reply has been deleted

Message withdrawn at poster's request.

GnocchiGnocchiWhosThere · 31/07/2012 15:43

This reply has been deleted

Message withdrawn at poster's request.

LRDtheFeministDragon · 31/07/2012 15:48

Oh, that's rough, but it is legal - sometimes, you can change people's minds if you ask why they're specifiying that, which might be worth it? Like naice I've come across loads of 'no student' rules but I always explain how old I am, I'm married, living with DH, not likely to be holding wild parties, and they let me in.

It could be they would be more willing if you provided references, or something?

I believe it's also sometimes an issue with the state of the property, as our agent mentioned to us in passing that it wouldn't be allowed to rent our flat to someone with children because it's not safe. I don't know any more than that, but perhaps a nicer thing to think than that they're turning their noses up at you.

StephA · 31/07/2012 16:31

Thanks everyone - fI appreciate the sympathy. I've been going through agents, who happily take my offer to the landlords, and then tell me we've been rejected. This morning's was because the child would be 'too noisy'. Like they would know... I'm sick of wasting my time traipsing around viewing, registering an offer, thinking I've got this sorted at last, and then being back where I started, days later.

My son's never drawn on any walls or broken anything, and if he did do any damage I'd fix it (same as if an adult had done damage); or else the LL could keep my deposit, because isn't that what it's for?

They are causing me stress and hassle because of age-based prejudice, and as far as I'm concerned that should be illegal.

Anyway, from now on I'm not going to tell the agents or the LL I have a child. F them.

OP posts:
Trills · 31/07/2012 16:41

From now on I'm not going to tell the agents or the LL I have a child. F them.

No matter what you think should be illegal, that actually is illegal.

LRDtheFeministDragon · 31/07/2012 16:44

Don't not tell them, you'll never keep that secret!

MrsGuyOfGisbourne · 31/07/2012 16:54

Sympathise, but you can't not tell them. They will find out, see you as lying and deceitful, and simply terminate the tenancy after the initial term. When we rented out a flat, we were told that it was better to stipulate no children, as in the event the tenant stopped paying (plenty do, apparently) you will have problems evicitng them as they will play the 'child' card, and teh LA will insit they don;t leave till eviceted - gets very messy. The agent told us gay couples were the best, clean, tidy, loads money and no kids Shock ( reverse discrimation [puzzled]?)

StephA · 31/07/2012 17:05

I don't intend to hide it once I'm IN the flat. There's never a stipulation against children in the listing or from the agent I deal with (or else I would obviously not waste my time); it's just when the offer is lying to avoid a specified condition, as they don't make it clear up front. And I doubt it's ever written down anywhere - the refusals are always casual, as it's just their preference.

They can decide whether the risk of having a toddler in their flat is worse than the hassle of trying to evict us, and if they do decide to start an eviction it will take a while to get us out; during which time my baby will be housed. That's all I care about right now.

OP posts:
Trills · 31/07/2012 17:28

Every agency and landlord that I have ever dealt with has required the details of all of the people who will be living in the property. You can't sign up as one person and then have another person living in the house with you.

Then again all of the agencies I have dealt with have stated "no children" upfront if that is the rule.

SilkySmith · 31/07/2012 18:46

its not just "not telling" though is it? its acutal lying because you state how many people will be living there. So I imagine you'ld find yourself in a more shitty postition down the road if you take that route (finding another home with an ex landlord that wont give you a reference!)

and would there also be insurance issues?

emmieging · 31/07/2012 20:23

So you're contemplating hiding the fact that you have a toddler until you're safely in the property, and then hope the landlord lets you stay because 'It'll be a bigger hassle to evict me' Hmm And whys that then? You going to fuck about and not pay on time and ignore it if he gives proper notice so that he has to go to the expense of evicting you??

FFS this is someone's private house. It's up to them who they let it to. I completely understand the frustration of trying to rent- we were still renting after dc1, and even though we has good references, paid our rent on time out of our own wages (no housing benefit for us) we were still restricted in where we could live as we had a child. It's how it goes.

Tbh with your attitude , youd never get a decent reference so you'll scupper your chance of anywhere decent.
And frankly, if I were ever in the position of being a landlord (which I guess could happen if we needed to move for work and couldn't sell) then I'd avoid anyone with your attitude, as you seem to think you can just make pathetic threats as a tenant to get your own way

Viviennemary · 31/07/2012 20:33

Why don't you go to your local authority and say you're having problems renting somewhere. They give priority to people with children.