Lesson 3 – Fair Property Advertising, Viewings and Selection

3.1 Property advertising

Advertisements should provide accurate information about the property without indicating an unlawful preference.

Staff should not use wording such as:

• “British applicants only”;
• “No foreigners”;
• “Not for disabled people”;
• “Men only”;
• “Women will not be considered”;
• “No same-sex couples”;
• “Christians only”; or
• Other expressions indicating less favourable treatment.

In England, advertising and letting practices must also comply with the current restrictions concerning unfair treatment of renters with children or receiving benefits. Landlords and agents must not take steps intended to prevent such renters from accessing property information, viewings or tenancy agreements, subject to limited statutory exceptions.

3.2 Providing factual suitability information

Staff may provide accurate information about a property’s features.

Appropriate description

“The flat is on the third floor. There is no lift, and access is by 46 stairs.”

This allows the customer to consider whether the property meets their needs.

Inappropriate description

“The property is not suitable for disabled people.”

The second statement makes a general decision about all disabled customers and may discourage someone without considering their individual abilities or requirements.

3.3 Arranging viewings

Employees should:

• Use consistent booking procedures;
• Avoid hiding availability from particular applicants;
• Consider accessible viewing times;
• Provide accurate access information;
• Allow a support person where appropriate;
• Avoid making assumptions about suitability;
• Consider communication requirements; and
• Record any agreed adjustment.

3.4 Applicant selection

Selection criteria should be:

• Relevant;
• Transparent;
• Evidence-based;
• Proportionate;
• Consistently applied; and
• Properly recorded.

Legitimate criteria may include:

• Affordability;
• Verified income;
• Identity;
• Right to Rent;
• References;
• Genuine property suitability;
• Occupancy limits; and
• Other lawful requirements.

Staff must not use these criteria as a disguise for unlawful discrimination.

3.5 Right to Rent checks

Right to Rent checks should be conducted consistently.

Employees must not:

• Check only people who appear foreign;
• Assume status based on name, colour or accent;
• Prefer applicants with British passports;
• Disadvantage someone because a different lawful checking route is required; or
• Treat someone less favourably because their right to rent is time-limited.

3.6 Client instructions

A landlord or seller may express a discriminatory preference.

Staff must not:

• Agree to the instruction;
• Include it in an advertisement;
• Use it as an informal selection criterion;
• Ask another employee to carry it out;
• Conceal it using coded language; or
• Suggest that client instructions excuse unlawful conduct.

The instruction should be recorded and referred to a manager.

Lesson 3 key point

Property suitability should be described through accurate facts. Customers should not be excluded through stereotypes, assumptions or discriminatory preferences.