James Whitmore
Choosing a tenant is one of the most consequential decisions you will make as a landlord. Get it right and you have a reliable rent payer, a well-kept property and a relationship that lasts for years. Get it wrong and you can end up with arrears, damage, or a discrimination claim that costs far more than a void period. The good news is that fair lettings are not complicated. They come down to three habits: consistent criteria, careful questions, and a written record of what you did and why.
Know the law that applies to you
The Equality Act 2010 covers England, Scotland and Wales and lists nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Northern Ireland has its own, broadly similar, legislation. Discrimination can be direct (treating someone worse because of a protected characteristic), indirect (applying a rule that puts one group at a disadvantage without good reason), or by victimisation.
Two points are widely overlooked. First, it is unlawful to instruct someone else — an agent, a friend managing viewings, a family member — to discriminate on your behalf. Second, it is unlawful to publish an advertisement that indicates an intention to discriminate, even if you never actually turn anyone away.
There is a narrow exception where the landlord, or a close relative, lives in the same property and shares facilities such as a kitchen or bathroom, and the accommodation is small. It does not apply to ordinary buy-to-let flats and houses, so do not rely on it unless you have checked your position.
Set your criteria before you advertise
Decide in advance what you are actually looking for, write it down, and apply it to everybody. Typical criteria include:
- Maximum number of occupants, based on the property's size and any licensing conditions.
- An affordability test — for example, household income of at least 30 times the monthly rent, or rent not exceeding 35% of net income.
- Whether a guarantor is acceptable, and what makes one suitable.
- Your position on smoking, pets and permitted use of the property.
- Preferred tenancy length and earliest move-in date.
- Whether you require a professional clean, referencing, or both.
Once those are agreed, resist the urge to bend them for a persuasive story or a higher offer. Consistency is your best defence, and it also stops you making rushed decisions you later regret.
Questions you can ask — and ones you should not
Safe ground includes employment and income, affordability, previous landlord references, whether an applicant needs a guarantor, and whether they have any questions about the property. In England, Right to Rent checks are a legal requirement, so asking every adult occupier for identification is expected and lawful.
Steer clear of questions about nationality or where someone is "really from", religion, marital or relationship status, plans to have children, age, disability or health, and immigration status beyond the required checks. If a viewing conversation drifts that way, bring it back to the tenancy itself.
One nuance worth knowing: you may ask whether someone needs any adjustments to make a viewing or a tenancy work for them, but frame it as an offer rather than a screening question. And a blanket no-pets rule cannot be used to refuse a guide dog or other assistance dog.
Right to Rent and referencing, done properly
Right to Rent checks apply in England only; different rules operate in Scotland, Wales and Northern Ireland. Check every adult who will live at the property, every time, following current Home Office guidance, and note the date you carried out each check.
For referencing, use the same process for every applicant. If you accept a guarantor for one person who falls short on income, accept a guarantor for anyone else in the same position. Do not apply a stricter affordability bar to one applicant than another, and do not accept a lower standard of proof from someone you happen to like. If you use an agency, put your criteria in writing so they apply them as you would.
Keep a clear record of every decision
For each enquiry, note the date, how the applicant responded to your advert, whether a viewing took place, which criteria were assessed, and the reason for any refusal. Write short notes as though somebody else will read them, because one day somebody might.
Store records securely and in line with data protection rules, and delete them after a sensible period. Equality Act claims in the county court generally need to be brought within six months, so keeping records for around twelve months after a decision is a reasonable, proportionate approach.
Turning someone down without turning it into a dispute
Keep refusals short and neutral: "Thank you for your interest. We have let the property to another applicant whose circumstances better matched our criteria." Avoid explaining at length, and never drift into personal remarks. If you offer feedback, keep it to objective points such as income or move-in date.
Many landlords worry that a formal process feels cold. In practice it does the opposite. Applicants appreciate clear criteria and prompt answers, and the tenants who do move in know they were chosen fairly. That tone — professional, consistent, human — is what turns a single tenancy into a long and straightforward one.
