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Upad CEO James Davis has today commented on a recent BBC news story that examined whether letting agents and landlords who stipulate "No DSS" on their property adverts were breaking the law.

The BBC's story followed the out of court settlement of a sex discrimination case, where a tenant challenged a "No DSS" notice on the grounds that it indirectly discriminates against women.

James, himself a portfolio landlord who in the past has stated he welcomes tenants on benefits living in his own properties, commented,  "This case is a very interesting one, and while at present it's being presented primarily from the 'naughty agents and landlords' perspective, there are a few considerations that must be made.

"In some cases local authorities will pay landlords directly, and there's an argument to be made this is preferable to that cash going via the tenant, who could cancel their standing order, lose their job, or decide they need to spend their money on something else at any given time.

"That said, local authorities don't help themselves to be "landlord friendly" or indeed "tenant friendly" by the way they operate. For example, if a landlord is looking to evict a tenant for non-payment of rent, the local authority will only step in and help once a bailiff notice has been served, usually 3 - 6 months down the line from the primary issue occurring, court costs accruing, rent usually still not being paid, and an awful lot of hassle for landlords. 

"A bigger underlying issue here that really needs explaining further is that many lenders will prohibit buy-to-let landlords from letting to housing benefit recipients. This is often the case with providers of rent guarantee insurance too, so rather than landlords being out and out discriminatory, in many cases not being able to accept housing benefit recipients is just the reality of their situation as a buy-to-let landlord."

You can read the original BBC coverage of the story here.

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By Sandra Mpouma
27 Feb 2018

Categories: Legal

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