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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 8550
Experience:  I have been practising for 30 years.
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I rent a garage from my local council and have done so for

Customer Question

Hi,
I rent a garage from my local council and have done so for many years. Recently the council advised me that they would be introducing two tariffs.
If you are a local authority housing tenant that also rents a garage the rent will remain the same but for private tenants, like me, the rent will double to £80.00 PCM.
My question is are they allowed to defrentiate people in this way?
Regards,
David
Submitted: 4 months ago.
Category: Property Law
Expert:  F E Smith replied 4 months ago.

How many other people are affected in this way? An approximate number will be close enough.

Customer: replied 4 months ago.
I've no idea how many garages Lambeth Rent or the split between private garage tenants / local authority tenants
Expert:  F E Smith replied 4 months ago.

Unfortunately, local authorities are able to discriminate like this.

It can get even worse where they are actually allowed (this has been to court) to stop people selling houses to a buyer who hasn’t lived in the area for a period of years. It is very common in national parks, Yorkshire and Devon. So you see, it can actually be much worse than your case.

Certainly, they are allowed to charge differential rents in cases like that.

However if it happened but the majority of local authority tenants were of a particular religion then a particular sex there a particular race, are the same further private tenants, then that could be indirect discrimination.

The reason I asked how many other people may be affected like this is that to take the local authority to court for an application for judicial review, is not going to be cheap risk-free and hence, the people join in the action the less money has to be put in the part and the less money you risk. In addition, if you took them to court and he was successful, you would have the cost risk and everyone else would have the benefit with no risk. Judicial review does not necessarily change the decision, it just forces the council to review the way in the which the decision was reached. The decision may end up being the same.

What you can do, free of charge and without risk is make a complaint to the Local Government Ombudsman of the fairness of this action by the council. The Local Government Ombudsman is based in Coventry.

Can I clarify anything else for you?

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Best wishes.

FES

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