Mar

The Property Ombudsman reminds landlords about “No DSS” ads…

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Housing Benefit:

The Property
Ombudsman (TPO) has put out a reminder to its member agents, and this
would include landlords, of their legal obligations not to
discriminate by stating “No DSS” tenants in their advertisements.

This follows a
couple of victories for tenants who have both won out-of-court
settlements against letting agents posting these “No DSS”
ads. The Property Ombudsman has stated its intention to “consider
obtaining Assured Advice and strengthening its Codes of Practice in
the next update to clearly prohibit ‘No DSS’ clauses in rental
advertisements.”

Tenants Amanda
Staples and Emma Loffler both won out-of-court settlements against
“No DSS” letting agents on the grounds of indirect
discrimination.

For the record, as
neither of these cases went to court we have no definitive ruling on
this as yet, but given the general direction of consumer protection
and the discrimination laws, it is very likely that such an outcome
would be supported in law and that before long such a ruling will be
obtained.

TPO says that under
clause 1e and 1f of The Property Ombudsman’s Code of Practice for
Residential Letting Agents, agents (and landlord) are reminded that
they must:

1e – treat
consumers equally regardless of their race, religion or belief, sex,
sexual orientation, gender recognition, disability, pregnancy or
maternity, or nationality. Unlawful discrimination includes giving
less favourable treatment because someone is perceived to have one of
these personal characteristics or because they are associated with a
person with such a characteristic.

1f – take special
care when dealing with consumers who might be disadvantaged because
of factors such as their age, infirmity, lack of knowledge, lack of
linguistic or numeracy ability, economic circumstances, bereavement
or do not speak English as a first language.

The TPO says that in
2019 it handled 881 complaints relating to agent’s general
obligations, specifically relating to these two clauses – 1e and 1f
of the Codes of Practice for Residential Letting Agents.

Whilst not
specifically related to the “No DSS” cases, TPO says the
complaints figure “highlights that approximately 17% of all
complaints last year were linked to some form of discrimination. For
the avoidance of doubt, economic circumstances include tenants who
are in receipt of benefits.”

TPO’s Katrine
Sporle says:

“Whilst rental
properties are investments for landlords, they are homes for tenants.
To be excluded from a significant portion of the homes available
simply because you are in receipt of Housing Benefits cannot be
considered as treating consumers equally.

“Tenants’
perceptions that they have been unfairly discriminated against
underpin the significant number of the complaints received. TPO
agrees that adverts which discriminate against would-be tenants in
receipt of Housing Benefit should end. Making sure no one is
excluded from applying for the home of their choice will go some way
to reducing these complaints.”

A complicating
factors which TPO says it is aware of is that in certain
circumstances mortgage lenders and/or insurance providers have terms
in their agreements which specifically exclude tenants in receipt of
Housing Benefit.

In these cases TPO
says that agents / landlords should evidence that fact, and provide
an explanation as to why prospective tenants, on an individual basis,
are being refused.

The Property
Ombudsman (TPO) scheme offers an independent and impartial dispute
resolution service to consumers who have been unable to resolve their
disputes with a registered agent. The scheme was established in 1990.
The Ombudsman can provide redress to place the consumer back in the
position they were before the complaint arose, achieving a full and
final settlement of the dispute and all claims made by either party.
Where appropriate, the Ombudsman can make compensatory awards in
individual cases up to a maximum of £25,000 for actual and
quantifiable loss and/or for aggravation, distress and/or
inconvenience caused by the actions of a registered agent.

TPO website at www.tpos.co.uk

The Cambs mum who was ‘refused a house because she was on benefits’

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