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