If you are a landlord, you are afforded the right, by law, to ask potential tenants some questions to determine whether you are comfortable with accommodating them or not. However, under the “protected characteristics” law against discrimination, which was passed to protect the rights of certain minority groups, there are questions you are not allowed to ask. Questions regarding age, sex, race, and religion are a direct violation of this law. We will, therefore, be looking at three topics which should be avoided when interviewing potential tenants.
Questions Against Certain Protected Characteristics
These questions are considered discriminatory and should be avoided. If you ask questions that fall under this category, and then refuse to provide the applicant with the accommodation, the individual could file a complaint against you for discrimination in regards to housing. Discrimination against protected characteristics can be grouped into the following:
- Direct Discrimination – This involves treating someone unfairly and differently from others because they have a protected characteristic.
- Indirect Discrimination – When you put rules in place that work against individuals with a protected characteristic. Even if this rule applies to everyone, it is considered discriminatory if it places a particular minority at a disadvantage.
- Victimization – If a person complains about discrimination and you start treating them differently, in a way that is unfair to their personality and mental well-being, this is considered a violation of the protected characteristics law.
- Harassment – This is any behaviour that is considered offensive towards a person’s personality, or makes them feel uncomfortable in their environment. If it makes the individual feel like their dignity is being violated, this is considered harassment.
Protected Characteristics include:
- Age
- Sex
- Race
- Religion
- Sexual orientation
- Marital status
- Nationality
- Disability
- Maternal status
Here are some statements or questions that are examples of violating these protected characteristics:
- Are you Korean or Chinese?
- Are you a Christian or Buddhist?
- There’s a Buddhist temple at the other side of town, I think you will do better renting a room there.
- I don’t accommodate married individuals or single mothers.
- What is your native language?
- Are you bisexual or gay?
- Do you have any disabilities?
In general, any question or comment that refers to any protected characteristic is not to be made.
Questions Asking If a Person Has Ever Been Arrested
It is important to note that a difference exists between being arrested and being convicted of a crime. So, it is not lawful to ask a potential tenant if they have been arrested in the past. You are also not allowed to discriminate against an individual based on their conviction record, especially if their conviction or caution is “spent”. You can check for criminal records yourself, and ask for legal advice if you believe the individual’s conviction will affect their ability to be a good tenant.
Questions You Do Not Normally Ask
You are meant to have a list of questions which are used to qualify or disqualify each applicant. If you change your questions because of the appearance of an individual, you can be sued for discrimination. For example, if you ask an individual about their conviction record because you do not like the way they’re dressed, while you’ve never asked question to other tenants or applicants, this is considered discriminatory.
Conclusion
Avoid acting in a discriminating manner when conducting a tenant interview. This will protect you from a lot of potential lawsuits.
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