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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are a small closed development of 10 homes in a gated community.

Resolved Question:

We are a small closed development of 10 homes in a gated community. We have a residents' association and a management company.
Some homeowners have leased their properties and moved out.
We want to make rules about prospective renters.
We have instructed the agents about demographic suitability and other rules about parking and refuse.
Can we legally refuse clients who are in receipt of benefits or support (from the state/parents/guardians/carers/?
Are there any legal restrictions we should be aware of?
Pamela
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You can make whatever rules you want in terms of who can rent.

Alex Watts :

However the only caveat to that is discrimination

Alex Watts :

You can not discriminate on the grounds of race, colour, religion, sex, age etc

Alex Watts :

There is nothing to stop you making rules to prevent DSS tenants.

Alex Watts :

As long as you are treating everyone in the protected groups equally then you can make whatever rules you want.

Alex Watts :

For example, if you have someone who is white and on benefit and someone black on benefit - as long as you said no to both because of your rules that would be fine. If you said yes to the white person because they were white, this would be discrimination

Alex Watts :

But you can make any rules you want and if that is not to have anyone on benefit then that is something you can do

Alex Watts :

For more details on discrimination and in particular the Equality Act 2010 you can visit this website for more help:

Alex Watts :

https://www.gov.uk/equality-act-2010-guidance

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

That is all at the moment. Thank you.

Customer:

I hope I don't have further questions.

Ash and other Law Specialists are ready to help you