Housing Solicitors

Tenants who are claiming housing benefits are finding it difficult to find rented accommodation as landlords are increasingly operating a no DSS claimant (housing benefit) policy.

A Hackney-based private renter information and campaign group undertook a mystery shopper survey between December 2015 and February 2016 and found that out of 50 local estate agents only one apartment was available to those claiming housing benefit.
Activists voiced concern about a breach of discrimination laws, however income and employment status are not protected characteristics under the Equality Act 2010. A House of Commons Library briefing paper noted that “if housing benefit claimants are predominantly female or from an ethnic minority group, a refusal to let to claimants might amount to indirect discrimination … However, indirect discrimination can be lawful if it can be reasonably justified”.

A government survey found that concerns at the forefront of landlord’s minds in relation to letting to those on housing benefit are anti-social behaviour; damage; expected payment delays/unpaid rent. It is also difficult for landlords who rent to tenants on benefits to acquire mortgages. In 2012 The Mortgage Works declared that they would not be advancing mortgages to landlords who rent to tenants claiming benefits. After months of press criticism The Mortgage Works relented, however this behaviour is exemplary of the mortgage market for landlords.

Homeless Charity Shelter commented:

“Rising rents and shrinking wages mean that being in work is no longer a guarantee you won’t need help with housing costs. But if you do receive this help, it’s guaranteed that you will be openly discriminated against”

The charity has published a guide on how to convince a landlord to allow you to rent their property. The guide advises that those on housing benefit do not open the conversation by asking whether the landlord accepts those on housing benefit, instead suggesting that they “begin by explaining why you want to live in their property, and why you would be a good tenant” and “offer to send a record of your rental history and references from previous landlords”. The guide also recommends that potential tenants prove that they can pay the rent; offer to pay rent in advance and provide a guarantor who is prepared to pay the rent if you can’t.

Agnieska Marks-Wozniaczek of Duncan Lewis Solicitors had this to say on the issue:

“Private landlords encounter profound hardship from local authorities because their tenants are subject to sudden benefit cap without warning. Housing benefit office stops and reinstates the claim, then stops it again and backdates overpayments with no regards for tenant-landlord contractual relationship. Common practice is that rent due under the tenancy agreement is payable on a monthly basis whereas housing benefit is paid every four weeks which inevitably renders DSS tenants high risk because of rent arrears. In addition, tenants and landlords attempting to rectify issues with housing benefit claims are often faced with lack of efficiency from council employees.

Landlords often have little say as to whether they are able to welcome DSS tenants in their properties simply because terms of mortgage agreements they are bound to make it illegal to offset housing benefit payments against a mortgage. Further, landlords insurance premium increases when the property is let to those on housing benefit.”

Agnieszka Marks-Wozniaczek is a Caseworker for Duncan Lewis’ Housing Department. She mainly engages in challenging housing authority homelessness decisions, disrepair issues and assisting homeless client’s with taking matters to Court.

Duncan Lewis Housing Solicitors can guide clients in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership and repairs. With a niche expertise in Possession and Unlawful Eviction cases the Department holds a significant presence in County Court Possession Duty Schemes throughout London including the Central London County Court. The Housing Department also offers representation in all proceedings including reviews, appeals and judicial review proceedings relating to homelessness, disrepair, succession for tenants and neighbourhood disputes against local authorities. If you have any housing related queries or require representation please do not hesitate to contact our team of expert solicitors on 03337720409.