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Discrimination

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:

  • Race Relations Act 1976
  • Sex Discrimination Act 1975
  • Disability Discrimination Act 1995.

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

discrimination; the second advises on how to avoid it.

More information about the CRE code for landlords is available from the CRE website where you can download a shortened summary at: www.cre.gov.uk/gdpract/housing_code.html

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Fit for Habitation|March 2019 The ACT is intended to define minimum standards a rental property MUST be and makes a clearer pathway way for Tenants to be compensated|https://www.pims.co.uk/fit_for_habitation_act_march_2019/ Guarantor|The person who provides a guarantee and promises to make payment good should the person responsible for the agreement fail|http://www.pims.co.uk/guarantors/ MEES|The Minimum Energy Efficiency Standard (MEES) Landlords are charged with the requirement to bring their rental property to a minimum EPC rating of E. Property with F and G rating will effectively be banned from the rental market April 2018 |http://www.pims.co.uk/epc/ Section 11|Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances|http://www.pims.co.uk/landlord-section-11-repairs/ serving date|This date is the date deemed received at the property - as an example if posted allow for posting days|/serving-notice-on-a-tenant-delivery-days/ Tenancy Application|The objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on facts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants|http://www.pims.co.uk/doc/57/ Tenant Fees|From June 2019 where renting properties in England gone are the days of charging for admin, letting fees, vetting, references, inventory, check in, check out, cleaning, pet insurance or ANY other fee that is not explicitly permitted within the legislation. |https://www.pims.co.uk/ban_letting_fees_act_2019/