Is this illegal discrimination?

[loopyapp]

I am a single parent of four boys, two of which have a wide range of disabilities and additional needs. I am their full time carer and as a result our income is entirely benefits. Their dad is very supportive financialy and has acted as my guarantor for 5+ years.

So.. With that said is this illegal discrimination?

Is what illegal discrimination?

What do you mean? What might be illegal discrimination?

More info is needed here. How are you being discriminated against?

Is it because you "need" a guarantor?

Lots of people need a guarantor so it's not just limited to your situation

Can no way see how it can be discrimination Requiring a guarantor means your income is not enough or you have an unproven credit history nothing to do with personal circumstance

I assume you mean discrimination because you claim benefits so need a guarantor?

Even working people need a guarantor if they are on low income, have poor credit rating or are in a temp contract/zero hours job.

I dont think you can claim discrimination I am afraid.

Argghh I cant get the pics to load..

Basically the landlord is refusing to consider anyone who isn't working.

Mumsnet hasn't been letting me upload pictures either recently. It's a pain in the arse

Yes I think it is

blog.shelter.org.uk/2020/07/no-dss-landmark-court-ruling%E2%80%AFdeclares%E2%80%AFhousing-benefit%E2%80%AFdiscrimination%E2%80%AFis%E2%80%AFunlawful%E2%80%AF/

But you never mentioned the LL refusing you in the OP you just said the children's father acts as guarantor

It is discrimination that falls foul of the Equality Act as the ruling posted by PP shows, however in practice this is a problem a long way from solving because of the insurance/mortgage terms that landlords may be tied into.

For some landlords they either risk falling foul of the law if proven to be discriminatory which requires formal processes or abiding by the terms of their mortgage or insurance - both of which can be rescinded if the landlord is found in breach. Given the choice between protecting their investment or taking a risk on a stranger, most people would protect their investment in the first instance...I say that as a tenant that's about to have a section 21 served because our landlord needs to sell.

Contact Shelter and/or your local council housing people for support. Council housing also have arrangements with private landlords so they may be able to help outside the remit of social housing.

Best of luck

@LastRoloIsMine

But you never mentioned the LL refusing you in the OP you just said the children's father acts as guarantor

Because I was trying to load a screen shot photo.. Thought that was clear from the comments about struggling to load photos????

I don't think it's discrimination at all.

No don’t think so

As a landlord my mortgage provider will not allow me to have tenants that are relying solely on benefits.

IIRC some mortgage lenders won't allow a BTL landlord to rent to people on benefits.

@loopyapp there is no simple answer. Income and benefits aren't protected characteristics under the Equality Act. But it could be argued there is indirect discrimination if more women than men (or vice versa) or affected by the landlords/mortgage council/banks policy to not let/prefer not to let to those in receipt of benefits.

The House of Commons abridged report into the case that challenged this ruling is a straightforward read and explains the situation.

commonslibrary.parliament.uk/research-briefings/sn07008/

@RunHobbitRun

It is discrimination that falls foul of the Equality Act as the ruling posted by PP shows, however in practice this is a problem a long way from solving because of the insurance/mortgage terms that landlords may be tied into.

For some landlords they either risk falling foul of the law if proven to be discriminatory which requires formal processes or abiding by the terms of their mortgage or insurance - both of which can be rescinded if the landlord is found in breach. Given the choice between protecting their investment or taking a risk on a stranger, most people would protect their investment in the first instance...I say that as a tenant that's about to have a section 21 served because our landlord needs to sell.

Contact Shelter and/or your local council housing people for support. Council housing also have arrangements with private landlords so they may be able to help outside the remit of social housing.

Best of luck

Thanks for the reply.

I'm not after forcing anyone to accept me when they obviously don't want to.

However I Deplore the idea of people getting away with this sort of thing.

@ThatsNotTheTeaHunty

I don't think it's discrimination at all.

So you dont think that refusing to even consider an applicant based on the fact they are a sole carer for two disabled children is discriminatory???

The law on this has recently been updated. You cannot discriminate on the grounds of income, yet many LLs still do, using the excuse that they can’t get insurance or their mortgage states they can’t let yo people on benefits. This too is also illegal. Insurance companies and mortgage lenders will change it if contacted.

"So you dont think that refusing to even consider an applicant based on the fact they are a sole carer for two disabled children is discriminatory???"

But that's not why they are not considering you? It's your income source that they not accepting?
And its the mortgage provider that makes the decision not the landlord.

I don’t think it’s discriminatory to refuse a tenant based on their financial position. Just because the financial position is due to caring responsibilities is no more relevant than a scenario where someone has a very low income and so doesn’t pass the affordability tests for the rent.

Your scenario is what state provision of housing is for. And that’s a WHOLE other conversation

@Soontobe60 can you provide a source for that (interested as a landlord)

It's not discrimination if their mortgage doesn't allow it