Discrimination against benefit tenants under the Renters’ Rights Act?

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Discrimination against benefit tenants under the Renters’ Rights Act?

The Renters’ Rights Act is trying to prevent overt discrimination (blanket no DSS policies) when private letting.

At the moment, if a tenant approaches you, and they are claiming benefits at an existing address, then this claim is tied to this specific circumstance at this particular time, i.e. at X address and X benefit subsidy is agreed according to the claimant’s own specifics.

The Department of Work and Pensions (DWP), who pay the contribution towards housing costs according to the person’s claim, will only reassess the claim and, ergo, the level of rent subsidy it will make only AFTER the tenant has declared a change of circumstance. Therefore, the tenant will have already moved and been supplied a copy of a signed AST.

How is it possible then that an applicant who is receiving any rent subsidy can provide evidence that the affordability criteria can be met until they have moved in?

The landlord has no idea what the current claim involves and how it will be affected by a change in circumstance, and neither does the DWP until it happens. At the application stage, therefore, the amount of rent subsidy that may be granted to the claimant is unconfirmed.

Given that no landlord is legally mandated to let a property to anyone who cannot prove affordability BEFORE a tenancy can be offered, is this now what we will all be focusing on to avoid accusations of discrimination when letting?

Thanks,

Reluctant landlord

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