How much trouble could I be in for refusing to offer this person a tenancy?

[Imalreadytorn]

Name change for this as I am aware that landlords aren’t always popular even under normal circumstances.
Please note I am posting in Legal for advice, not in AIBU.
Briefly I have had a room become available in a house share. Existing tenants have been there 4 - 6 years. They are a real mix, but get along well although I wouldn’t describe them as friends.
It’s a nice room and there’s been a lot of interest. So far no one has ticked all the boxes I think are necessary to gel with the other tenants.
I’ve had a viewing today and the applicant is clearly ND. A really nice person but spoke and walked about without stopping the whole time. I felt completely out of my depth after a viewing appointment which lasted about 5 times the usual length. Added to that there were numerous messages before the appointment ( 16 texts and calls during my 90 minutes journey there). Since the viewing I have had 12 text messages, even though I explained that I couldn’t make any decisions until I finished my appointments and got home, likely to be at least 9.00pm.
I’m not at my strongest right now, and even at my best I would struggle to meet the frequent need for information/ reassurance/ interaction from this individual.
One of the existing tenants who was in the shared area for part of the viewing has already messaged me expressing concern. ( he works incredibly long hours and the others know to give him space when he gets home exhausted).
The applicant has a housing support worker who has already called me ( I didn’t answer as driving) quite forcefully confirming that full rent will be met due to disability and is easily afforded due to PIP.
I cannot offer this person a tenancy, it’s unfair on the others, but I can’t deny that it is due to behaviour, which is clearly linked to disability.
Unfortunately I haven’t found a suitable tenant so the advertisement is still running.
I assume that I have no ‘defence’ and will just have to accept the consequences?
How likely is it that action will be taken?
I have 2 house share properties

I don't think you are wrong to decline this person. I think you just say she wasn't suitable, you don't have to give a reason. And if you are backed into a corner just say you prefer a professional tenant as others in the house work full-time and it avoids schedule clashes.

Oooo this is tricky. You can say “not suitable” and if questioned you can say due to the amount of texts and calls you’d received didn’t give you a good impression and you’d been asked by the other tenants to find someone quiet and respectful due to their working patterns?

I think all you have to say is they were not a good fit for the house and if pressed you could say you prefer a professional, or even that this person did not make a good impression on the other housemates. Do you need to have a reason to turn down a potential tenant though, it’s not like if you were employing them you’d have to give reasonable adjustments etc. This person was just not suited that’s all you need to say.

My insurance precludes people on housing benefits can you say that ?
Although I'd just say they're not suitable, or it's been let.

Thanks for the replies so far.

I feel am on thin ice on two counts. Firstly the disability aspect and secondly landlords are not allowed to discriminate against people receiving benefits.

Without the PIP I could have rejected them on financial grounds as they wouldn't have sufficient income to meet the normal financial criteria.

I can just say the person wasn’t suitable but I am concerned that the pushy sounding support worker will question this.

Under normal circumstances I can just say no, and have already done so to several applicants in the past few days. This one, though, has protected characteristics.

if questioned can you say that you felt slightly harassed by the level of contact from the potential tenant and their support worker and for that reason you don’t feel she would be a good fit?

This, the level of interaction demanded even before they're living there is far too much!

You can't offer the amount of time and input both the viewer and the support worker appear to take up, nothing to do with disability.

Can't you just say you had a number of applicants and on this occasion this person wasn't successful and room has already been offered to another applicant

No need to identify why not or who else you would prefer, a bit like a job interview

When I was house sharing I was rejected a few times and that was the message I got. I'd be mortified and a bit pissed off if they said 'sorry we'd prefer someone with a better job'

Still messaging me and tried to phone until I put my phone on do not disturb.
It would be much easier to say no if I had a tenant lined up, but I don’t so the advertisement is still live.
I think I will just have to give a bland ‘not suitable’ and take it from there.

Just say it's now been taken. I assume you are the home owner and are letting your spare rooms. I fail to understand why you would be forced to take someone who isn't a good fit. It's your home after all

If this is the level of contact now, imagine what would happen if they were your tenant! Plus the increased contact from the other tenants if they find the new tenants behaviour as disruptive as it certainly sounds it will be!

Honestly just say you’ve offered it to somebody else. Far easier, and they can’t prove otherwise.

Just say they're not suitable, you shouldn't have to be forced to love with someone you don't have to

This one, though, has protected characteristics.

But surely everyone you will see will have one or more of the protected characteristics, whether that be religion, sexuality or race? I don't think you have to tie yourself up in knots about this - this person just wasn't suitable for this particular house share. You need to put your existing tenants first. No doubt if this person moved in the support worker would be making themselves known to the housemates too, and I don't think any of them signed up for that.

If you just nipped this in the bud, you wouldn't have to put your phone on do not disturb, you could just be getting on with your life :)

Stop overthinking OP. Just say sorry lots of applicants, not successful and move on. It doesn't matter if the ad stays up.

TBH, I think where you are on thin ice is presuming to diagnose this person.

They evidently didn't disclose a disability to you, as you keep saying their behaviour was 'clearly' due to a disability.

I admit, I didn't realise the law around renting had been tightened up this much - back when I was a tenant, LL could refuse tenants for any reason or none (and it was common to refuse, for example, tenants with children, or people who worked from home). But even so, I don't follow how you could be required to accommodate someone under disability discrimination laws, if they've not disclose the disability?!

I am a live out landlord. When I advertised the room I was not even able to express a preference regarding gender, even though the existing tenants asked me to. ( I managed to deter unsuitable ones).

I think live in landlords have more discretion.

Every house share I’ve ever lived in the existing tenants have had to agree. For example, I lived in one house with 2 girls and a guy and we wanted another guy to keep it balanced, so any female applicants were ruled out. And sex is definitely a protected characteristic. So not sure what the issue is.

Protected characteristics don't mean you are entitled to things that aren't suitable. It means you can't be treated less favourably.

You've rejected other applicants because they weren't suitable. I'm assuming you don't have to give a reason.

Therefore you can reject this person on the same basis.

Thanks everyone.
I have sent a ‘not suitable’ message.

If there is any come back on you the answer is that the level of messages you received (16 in 90 minutes!) was unreasonable. You are not prepared to accept any tenant that felt that was appropriate.

I can't see this as you doing anything wrong based on the fact that you haven't found any of the applicants suitable so far.

Unfortunately it's probably part of the pushy support workers job to find this person a home so that may be a reason they're being pushy...not saying they're right to be more a case from their point of it being job done.

J̌ustvsay you feel harassed by the person as you have had a stream of messages. You don't feel they would be a good fit for the other tenants

I appreciate the responses, which gave me a boost of confidence to reject this tenant.
I sent the ‘not suitable’ message last night and immediately switched my phone off. When I turned it on this morning I had 7 missed calls, including one around midnight, and several text messages. I have now blocked the number, which has worked so far.
The support worker phoned and questioned my reasons, but I realised that I didn’t have her client’s consent to discuss them with her, so I refused to give any details. She wasn’t happy, but it’s been nearly 4 hours since she phoned and I’ve heard nothing else. Unfortunately I can’t block her as it shows ‘No caller ID’
I hope this is the end of the matter.