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’m ND. I’m a fucking nightmare to live with because I need things exactly my way. It’s why I know I have to live alone and can’t live with my partner. Whatever the legalities of it, I understand how you feel. It wouldn’t be fair to the ND person and wouldn’t be fair to the existing tenants.

My dd is the same. She’s at uni but doesn’t/won’t house share as she knows she’s a nightmare to live with.

OP, it’s fine to say ‘not suitable’, you can just say that they wouldn’t fit in with the current set up (other tenants)?

Glad you've dealt with this, OP. They — the tenant — has shown themselves to be 'not suitable' from all the phone calls. Doesn't matter that they're ND. In fact your best strategy is to forget they're ND and simply point to all the text messages, particularly the ones coming in late at night, and say that those alone tell you that this person has poor boundaries and is unlikely to thrive in this particular household.

I suspect as a landlord you have a duty of care to your existing tenants. If your tenant(s) are saying no, this person isn't a good fit, you have to take that into account too. This is their home, and after all, they have a right to be comfortable and expect someone to behave reasonably and those badgering calls are evidence that this isn't going to work. Even if the social worker were to escalate this, it would go nowhere because you have good reason to refuse

It's hard. I once wanted to rent out my flat (in a house divided into three apartments) while I was working abroad for a couple of years. The people upstairs were appalling racists: it was their main topic of conversation and I knew that anyone of colour moving in would be treated badly. The first applicants were a Ghanaian couple and I was in a panic until it became clear that they planned to have their three children living with them in a 1-bedroom flat. I was able to say no because of overcrowding but even though I'd rejected them for good practical reasons, and saved them from my horrible neighbours, I felt very uncomfortable for ages.

I’m sure the OP is lovely and caring, but don’t present what they’re doing as some kind of act of service to their community!

the fact is she/he owns three homes, and is now able/willing to charge rent comparable to or more than the market rate of a mortgage for people would otherwise own those homes themselves.

she/he is helping to artificially inflate housing and rental costs, contributing to first home scarcity, and making a profit from a housing crisis.

she he is absolutely entitled to do so. Many others do. But I absolutely would not and could not (and I’ve had the opportunity to do so twice, and I would be MUCH better off financially I had done, but decided it was wrong, so I didnt)

Surely as the current tenants have expressed concerns, that's all the reason that you need to give. The current tenants can't be forced to live with people that they don't want to live with. You don't need to expand on their reasons.

I agree. How the other tenants feel about their house mate is as important as your feelings. I'm sure you are a good landlord, you are not turning this person (who will find somewhere else), away lightly and it bothers you. I hope you find a suitable tenant soon.

I didn't realise people are anti-landlord on here, surely there are many fair ones as well as those who don't care except for getting the rent.

I agree, if the support worker doesn't leave you alone, send a complaint to his/her employer. They are trying to bully you into this and that is completely unacceptable.

Could say if it was a property for a single occupant it would be fine but there are other people living there and the level of communication would be too much for the other tenants?

If you’re in a position to, perhaps take it down for a couple of months and in that time, the person might have found somewhere else

I think this is a reasonable response.

To all the posters who are giving the OP a hard time for being a landlord - where are all the people who are unable to buy their own property supposed to live?

They need decent, affordable rented accommodation and it certainly isn't available from local authorities. I applaud all the landlords who provide this.

I was turned down for a house share once. The landlord said he preferred me, but the other tenants wanted someone else. I thought this was a good way of dealing with it.

I am sure it's legal, but I would have a "burner" phone for lettings of this nature, assuming you are doing it yourself and agencies not involved. You can figure out why this would help in future if you have to re let.

This is ridiculous - it's tantamount to harassment and it's very unfair to cause you this unnecessary stress. I hope it gets resolved soon.

Hi, I am a landlord. You can say you are still interviewing people as the other tenants all need to agree on a new tenant. The wishes of the other tenants need to be taken into account and you are looking for a professional. Keep it simple without emotion.

You don’t need to explain yourself. Just pop it into an email. Job done.

While I feel for the individual trying to find housing, your housing option in a shared house is clearly not suitable for their level of angst and needs. You can show the ridiculous number of texts, calls and messages sent, including those at completely inappropriate hours, to back this decision as well.

You'd be right if it wasn't for the fact that a large proportion of the people who can't afford to buy their home are only in that position because of landlords driving up prices. Landlords aren't the only factor that have created this problem but they are part of the cause. I don't think OP is doing anything wrong because under the current regulations if OP didn't do it another landlord would, but tougher regulations that made it more difficult and less profitable to be a landlord would drive down property prices and help a lot of people to buy a home.

The danger of being accused of discrimination is because you ARE discriminating against them because of a protected characteristic.

You seem to think that it would be in some way unfair to accuse you of it, but that's exactly what you're doing.

Glad you've dealt with this, OP. They — the tenant — has shown themselves to be 'not suitable' from all the phone calls. Doesn't matter that they're ND. In fact your best strategy is to forget they're ND and simply point to all the text messages, particularly the ones coming in late at night, and say that those alone tell you that this person has poor boundaries and is unlikely to thrive in this particular household

I agree with this. 12 text messages and 7 phone calls, some at midnight, is ridiculous irregardless of that person's specific needs. It's completely unreasonable to expect anyone to have to deal with that. If the person requires that much reassurance, support and assistance then they should be looking at more appropriate supportive accommodation choices for the benefit of everyone- including the potential tenant.

Not sure it's very ethical to throw her existing tenants under the bus by suggesting that they are the ones who want to refuse this person because of their disability.

I’d have thought your reason for rejecting has more to do with the number of calls and messages you got, most especially those at unsociable hours, than the fact that the person is ND.

No one needs to deal with that, unless it’s a proper emergency?

Not sure if I’m being helpful but I visited numerous properties looking for tenancy and then heard nothing back and just accepted they found someone else they preferred. I think lots of people generally accept this… If I’d gone back to every place asking why they didn’t give me the tenancy and taking legal action etc I’d be completely exhausted, and not have time to live!

The danger of being accused of discrimination is because you ARE discriminating against them because of a protected characteristic

Is it though? if the tenant had behaved with appropriate boundaries and then the OP had found out they were ND and then changed her mind that would be discrimination. However, her discomfort is based not on any potential diagnosis but rather on the inappropriate behaviour which could be termed as harassment. Surely you dont have to put up with being harassed simply because someone is ND?

This is the best approach.
Leave out the ND bit, you don't know anything for sure about this person's medical history.

What would you say when rejecting a potential tenant who was not neuro diverse? Just say that. Having a disability does not mean a person has a right to anything they want.
The housing officer is pushy because it is their job to secure housing for people who may otherwise struggle to do so for whatever reason. If you agree to letting to this person when both you and your existing tenants have concerns, you might find yourself looking for more tenants in the near future.
Don't do it. Just say no and avoid reasons relating to their disability.