Direct Discrimination

Pedro32561

 Have just been refused in renting an apartment due to being male. I have quite a lot of evidence to prove this and want to take it further under the Equal Status Act. 

Problem is that I've been dealing with a Letting Agent and the directive came from the owner of the property whose name or details I don't know. Anyone have any suggestions as to how I could go about making a notification to the property owner?

Jarren

Did they advertise females only ?

Pedro32561

Jarren wrote: »

Did they advertise females only ?

Don't want to get into specifics regarding the discrimination. But it was quite clear-cut and I have specific evidence. I'm simply trying to figure out how to proceed without the owner's details.

Procrastastudy

I would hope that a Landlord retains the right to chose who he or she lets their property too. It would be against some pretty basic rules of Contract if they couldn't.

NuMarvel

Maybe you don't need the owner's details? I found this case on the Equality Tribunals website where the person brought the case against the letting agent, even though the complainant thought it was the landlord who was the discrimanatory party.

That case is different from yours in many regards, but there might be something in the fact that the Equality Officer was happy to consider the case with the letting agents as the respondents and not the landlord.

Pedro32561

GCDLawstudent wrote: »

I would hope that a Landlord retains the right to chose who he or she lets their property too. It would be against some pretty basic rules of Contract if they couldn't.

The Equal Status Acts 2000-2011, prohibit discrimination in the provision of goods and services, the disposal of property and access to education, on any of the nine grounds set out below. The Acts outlaw discrimination in all services that are generally available to the public whether provided by the state or the private sector. These include facilities for refreshment, entertainment, banking, insurance, grants credit facilities, transport and travel services. Discrimination in the disposal of premises, provision of accommodation, admission or access to educational courses or establishments is also prohibited subject to some exemptions.

The nine grounds on which discrimination is outlawed by the Equal Status Acts are as follows:

Gender
Civil status
Family status
Sexual orientation
Religious belief
Age
Disability
Race colour, nationality, ethnic or national origins
Membership of the Traveller community

Pedro32561

NuMarvel wrote: »

Maybe you don't need the owner's details? I found this case on the Equality Tribunals website where the person brought the case against the letting agent, even though the complainant thought it was the landlord who was the discrimanatory party.

That case is different from yours in many regards, but there might be something in the fact that the Equality Officer was happy to consider the case with the letting agents as the respondents and not the landlord.

Thanks NuMarvel. That's extremely helpful.

seamus

GCDLawstudent wrote: »

I would hope that a Landlord retains the right to chose who he or she lets their property too. It would be against some pretty basic rules of Contract if they couldn't.

Yes, but within reason.

If you have two potential tenants who are otherwise equal, the landlord is not permitted to discriminate on the usual grounds.

There are some exceptions for property;

Where the landlord or a relative will be living in the property with the tenant/lodger, then they can basically discriminate all they like. There is a proviso that the property must be "small", but without definition I have to assume that this refers to any property where residents would have to share facilities like kitchens or sitting rooms.

It is legal to discriminate based on gender if the presence of the other gender may be reasonably expected to result in embarrassment or infringement of privacy. My thinking is that this refers to things like flats with shared bathrooms where the landlord can insist on only renting to men (or women), or shared rented accomodation where an existing tenant can ask that a new tenant is the same gender as them.
So, "Woman needed to share flat with two other girls" is totally legal. "Woman needed to rent out one-bedroom flat", is not.

Victor

http://www.irishstatutebook.ie/2000/en/act/pub/0008/sec0006.html#sec6

Disposal of premises and provision of accommodation.

6.—(1) A person shall not discriminate in—
(a) disposing of any estate or interest in premises,
(b) terminating any tenancy or other interest in premises, or
(c) providing accommodation or any services or amenities related to accommodation or ceasing to provide accommodation or any such services or amenities.

(2) Subsection (1) does not apply in respect of—
(a) the disposal of any estate or interest in premises by will or gift,
(b) the disposal otherwise of such an estate or interest where—
(i) the person making the disposal or another person who has an estate or interest in the premises or a person who is a near relative of either of them intends to continue to reside, or in the immediate future to take up residence, in the premises or a part thereof, and
(ii) the premises in question are small premises,
(c) any disposal of such an estate or interest, or any provision of accommodation or of any services or amenities relating to accommodation, which is not available to the public generally or a section of the public,
(d) the provision of accommodation in premises where—
(i) the person providing the accommodation or a person who is a near relative of that person intends to continue to reside, or in the immediate future to take up residence, in the premises or a part thereof, and
(ii) the premises in question are small premises,
or
(e) the provision of accommodation to persons of one gender where embarrassment or infringement of privacy can reasonably be expected to result from the presence of a person of another gender.

(3) References in subsection (2) to the disposal of an estate or interest in premises or the provision of accommodation or of any services or amenities relating to accommodation include references to the termination of any tenancy or other interest in those premises or ceasing to provide such accommodation, services or amenities.

(4) Premises shall be treated for the purposes of paragraphs (b) and (d) of subsection (2) as small premises if—
(a) in the case of premises comprising residential accommodation for more than one household, there is not normally accommodation in the premises for more than three households, or
(b) in any other case, there is not normally residential accommodation in the premises for more than six persons in addition to a person mentioned in those paragraphs and any persons residing with that person.

Claire McCarthy Cork

You will be able to see who owns the property by looking it up in the Land Registry, if it's registered there.

MagicSean

This must be some fantastic apartment for you to go through all this trouble. You should ask yourself wether the end result will be worth it and also consider the fact that the landlord might have a perfectly legitimate reason so it might be for nothing.

valleyoftheunos

As set out above there are some pretty significant exceptions from the Equal status legislation in relation to property. So much so as to almost render the statue useless.

Best satisfy yourself that none of them may apply to your case before proceeding. or better yet seek legal advice from your solicitor.