Can we insist on tenants that speak English?

[DexyMidnight]

Looking for opinions / advice on a potentially thorny issue.

We are looking to rent out the main family home in London (we have had a BTL flat for three years, so have some experience of being landlords).

As we will be based overseas, it is really important to us that our tenants can communicate with us in English (our native tongue).

For example should the tenant have an issue with the boiler, I would like them to be able to call / email me and explain what is wrong (no hot water / no heating) and I would like to be able to ask them to please check the fuse box, to tell me if there are any flashing lights on the control panel etc. And also to easily coordinate when the plumber can come over to take a look.

There are other reasons why I would wish to keep communications with a tenant in writing (clarity of who agreed to do what and by when, etc).

If I were to approach a letting agent to help me find a tenant, would I be allowed to insist that the they find me a tenant with whom I can communicate in English?

The letting agent could sort out translation if necessary.

vvvu.

I understand your thinking, I think it will be difficult and you are about to get a MN flaming.

You will probably be charged for translation

Funny you should mention this ShatnersBassoon (what a name! ) ...it was actually a letting agent who has gotten me worried about this.

She gave the particularly alarming example of a tenant who had reported a gas leak. An emergency gas engineer was called out and it transpired that actually the oven (which was electric) wasn't turning on, and on further investigation it was just a tripped fuse which needed replaced. Leading to two sets of call out fees (gas safe engineer + electrician). So she said they now have this great "app" which allows tenants to report maintenance issues in their native tongue to "avoid misunderstandings".

Why she thought she was selling the service to me, I'll never know!

I would really just rather deal with a tenant who can speak English, but don't know if this would lead to (unfounded) accusations of unlawful discrimination.

I am expecting the flaming, tbh. Fully appreciate it's a thorny issues and motives could be called into question.

You're discriminating against those from other countries and also disabled people that might have difficulty with written communication.

I would also want a tenant who was capable of basic DIY/problem solving/problem identification.

You're not in Wales, then.

RedneckStumpy I have been musing over this. As far as I am recall most tenancy agreements contain a clause to the effect that communications and formal notices should be in English. I must dig out our lease for the flat and check.

So surely then to the extent translators are required, it should be the tenants cost to bear?

Irrespective of who bears the cost, that's besides the point for me as if there is a leak, a flood, a burst pipe, no hot water, a burglary, a broken dishwasher, I just want to know about it and get it fixed as soon and as efficiently as possible.

If you are going to be overseas I wouldn’t manage the let yourself. Get a letting agent and insert a clause into their contract that makes them responsible for translations and any const incirred as a result of a miscommunication if you are worried about it.

House is in London.

I'm not discriminating against anyone from other countries Bombardier, only people who cannot speak the language governing the tenancy agreement. Our current tenants are Romanian and although the husband does not speak very good English his wife does, and so she will email / call / text me if anything is needing sorted or they have any questions.

Just put up a sign in the window saying

“No dogs
No blacks
No irish
No furriners”

I'm not discriminating against anyone from other countries Bombardier, only people who cannot speak the language governing the tenancy agreement.

It's indirect discrimination. You're applying a practice that will disproportionately disadvantage people from other countries.

And disabled people? If a tenant has difficulty with writing or using email due to disability will you refuse them?

You are discriminating against people from other countries because you want a rule which would impact them in a way it would not impact natives. That's discrimination.

No,no, no! The app they are talking about is probably Fixflow, which can translate. Get a managing agent, I know my couple wouldn't accept that clause and would decline your instruction.

No Bombardier, I think that's different and if I had a disabled tenant I would be happy for them to call me and I'd keep a log of our conversations.

Incidentally I was just looking up the definition of protected characteristics under the Equalities Act and note that neither nationality nor language are protected characteristics. Everyday is a schoolday.

How are you planning to check their language skills, set a test?

You need to increase the rent - if you’re letting go Romanians who don’t speak any English id hazard a guess it’s very much the cheaper end of the market. Do it up, make sure it’s let unfurnished and you may find you attract a more settled tenant (not necessarily British but with decent English) market it for the market you want.

Anyway you know you can’t discriminate. If you can’t handle the reality of being a landlord get a letting agent to manage it for you. You don’t sound like you’re cut out for it and it’s one less headache

When my sister rents out part of our house in NY (she lives in the other part), we look for tenants whom we like, tenants who understand that it is an old house and a bit quirky, (which is why the rent is on the low side), tenants who understand that sorting our recycling carefully is very important to us. We talk over all of these things with them in detail. We couldn't do that if we couldn't speak directly to them. Why is any of this a problem?

www.equalityhumanrights.com/en/equality-act/protected-characteristics#race

Race
Refers to the protected characteristic of race. It refers to a group of people defined by their race, colour, and nationality (including citizenship) ethnic or national origins.

See our advice and guidance on race discrimination.

If you're going to be abroad what about getting an estate agent who can manage your property?

Try a smaller, independent firm where they send a handyman out to assess problems before calling in tradesmen. That would keep the costs down better than stipulating you'll only rent to English speakers.

You could find someone with perfect English who can't do so much as change a lightbulb. Then you're really up the creek without a paddle.

@thevoidofjanet beat me to it.

SwedishEdith thank you for that. I was being lazy and not fully investigating the definition. Makes sense (I was very surprised nationality was absent!)

HiHoToffee we like to meet our tenants in person. That, together with some common sense (e.g. knowledge of what they do for a living, which is of course verified by the credit checks) would enable us to establish their levels of English.

That plus a bonus spelling quiz, of course.

As long as they have the right to rent, any discrimination down to what language a tenant speaks is just that: discrimination.

I think you should reconsider trying to manage the property from abroad tbh. It's difficult enough in this country and especially if you are working and not local to the house or flat. The agent's app sounds like an excellent idea.

Btw it is illegal discrimination OP.