Landlords have legal obligations to make sure that they take all reasonable steps so that people are not discriminated against directly or indirectly due to their race, colour, gender or disability. The specific legislations are:
Treating a person less favourably than another on the grounds of their race, gender or disability, is defined as Direct discrimination.
Indirect discrimination consists of having a pre-requisite or conditions that although they are applied equally to persons whether male or female, Black or White, means in real terms, that a much smaller proportion of a particular racial or gender group are able to "pass" the requirements than others. It cannot be argued that these conditions for Tenancy are shown to be ‘justifiable’.
Issues concerning disability also have a similar legal requirement that Landlords must not impose conditions that will be judged as ‘unreasonable’.
A revised code of practice on racial equality in housing has been published by The Commission for Racial Equality (CRE). The code is important as it is a statutory code which has been approved by Parliament and therefore Courts will take into account the code’s recommendations in legal cases.
The code is in two main parts. The first explains what Landlords need to know about
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.