Your questions answered!

In a new feature, we have invited Tessa Shepperson of Landlord Law Services to answer your questions. This questions was submitted by a current AFS Landlord;

Q: Where tenants rent individual rooms in a shared house, and one of the rooms falls empty - do they have any rights regarding the new tenant who is chosen? What rules does the landlord have to comply with in this situation, particularly with reference to the discrimination legislation? For example, I understand I am not allowed to discriminate on the basis of age and sex. But what if the only applicant is a 50-year-old man in a property where all the other tenants are 20-year-old females? Can they object to my offering him the tenancy?

A: When finding a new tenant for a shared house, the decision is for the landlord alone, and although it is good practice for him (or her) to consult the other tenants, legally they do not have the right to prevent the landlord from letting the room to his preferred candidate. Even if they strongly object to the proposed new tenant. Although it is not a good idea to let to an unpopular tenant as this may result in the other tenants moving out!

So far as discrimination is concerned, landlords must comply with the legislation, which includes a prohibition on discriminating on the grounds of age and sex.

However, this does not mean that if a 50-year-old man is the only applicant for a room in a property where the other tenants are young women, you have GOT to let to him. The discrimination legislation does not mandate who you let to, it just prohibits discrimination.

So the best thing to do is make sure your reason for rejecting this application is something else. The obvious reason would be that you have consulted the other tenants (who would have to share with him) and they have objected to him as a co-tenant.

A rejected applicant’s remedy, if they consider they have been discriminated against, is to apply to the court for an order claiming compensation. However, I would be very surprised indeed if a Judge were to find you liable in these circumstances.

To find out more or to contact Tessa directly visit https://landlordlaw.co.uk/

If you would like to submit a question for Tessa you can email [email protected]