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Rental discrimination based on family status

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  • 31-05-2014 12:08pm
    #1
    OSI
    Moderators, Motoring & Transport Moderators Posts: 265 Mod ✭✭✭✭


    Hi,

    About 2 weeks ago we ( A couple, and a close friend ) went to view a property for rent in North Dublin. We viewed it, liked it, and agreed with the letting agent at the viewing that we would take it. We swapped contact details and agreed to flesh out the arrangement the next day.

    The next day we received an email from the letting agent stating the landlord was happy to proceed with us as tenants, and asked that we arrange a holding deposit and references. Which we did. A €500 holding deposit was placed, and work and rental references were sent. We then asked for clarification on a lease commencement date, at which point the letting agent said he would confirm with Landlord. After a few days we still hadn't heard anything and asked for an update. The letting agent stated that the landlord was on holiday and would be back this week to finalise details.

    Landlord got back this week, and the letting agent has now informed us that the landlord is no longer keen on us as they would prefer a family, but he would try to convince the landlord to take us as tenants anyway. They are supposed to be meeting the landlord today to do so.

    So I have a couple of questions.

    First, surely the payment of a holding deposit was in effect, an agreement to enter into a lease, and we are entitled to do so?

    Second, if the landlord has now decided that they would prefer a family as opposed to a professional couple and their friend, surely this is against equality legislation, which states we cannot be discriminated against based on civil status?


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    #2
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    OSI wrote: »
    First, surely the payment of a holding deposit was in effect, an agreement to enter into a lease, and we are entitled to do so?
    No. If it was, then what was the point of the references you supplied along with the deposit?
    Second, if the landlord has now decided that they would prefer a family as opposed to a professional couple and their friend, surely this is against equality legislation, which states we cannot be discriminated against based on civil status?
    http://www.irishstatutebook.ie/2000/en/act/pub/0008/print.html
    (2) As between any two persons, the discriminatory grounds (and the descriptions of those grounds for the purposes of this Act) are:

    ...
    (b) that they are of different marital status (the “marital status ground”),

    (c) that one has family status and the other does not or that one has a different family status from the other (the “family status ground”),
    “discriminatory grounds” has the meaning given by section 3 (2);

    “family status” means being pregnant or having responsibility—

    (a) as a parent or as a person in loco parentis in relation to a person who has not attained the age of 18 years, or
    ...

    “marital status” means being single, married, separated, divorced or widowed;
    You may be on firmer ground here but I suspect if you bring this up then the landlord will just invent some other reason to reject you, and you'll be left with only the option of making a complaint to the Equality Authority. Do you have it in writing about the landlord wanting a family instead?


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