Questions landlords cannot ask during screening

When looking for new tenants, you’ll need to go through a screening process to ensure that your tenants are perfectly suited to your property. This will require asking your tenants a series of questions, almost like an interview, to establish whether or not they’re a good fit.  But, there will also be certain questions that you cannot ask prospective tenants as a landlord. 

Here, we’ll look at the most professional way to screen any potential tenant, including which type of questions to avoid asking.  

Why you should avoid the questions landlords cannot ask

It is essential that tenant screening is always fair and objective, and as part of this, landlords cannot ask questions that directly or indirectly reveal protected characteristics, as they legally cannot be used as a basis for discrimination. 

Direct vs indirect discrimination 

It’s important to be able to determine the difference between direct and indirect discrimination, so that you’ll be aware of how to go about asking questions during the screening process. 

When we talk about indirect discrimination, an example would include a seemingly neutral question or policy that disproportionately puts individuals with a protected characteristic at a disadvantage. Direct discrimination would be more obvious in its nature. 

So, the questions landlords cannot ask potential tenants during the screening process include: 

• Nationality and origin: Asking things like “where were you born?” or “are you a British citizen?” directly relates to someone’s race or national origin, which are both protected characteristics.
• Religious beliefs: Inquiring about a tenant’s religious practices is discriminatory, too. 
• Gender and family plans: Asking unnecessary questions about a tenant’s gender beyond basic identification or making assumptions about future family plans can be discriminatory.
• Sexual orientation: Questions like “Are you married?” followed by assumptions about their partner’s gender can also be seen as discriminatory 
• Age: Directly asking “how old are you?” is a clear violation of age discrimination laws.
• Marital status: Inquiring about whether someone is married or planning to get married is generally irrelevant to their ability to be a good tenant.
• Health conditions and disability: Asking about a tenant’s health problems or disabilities is prohibited unless it’s directly relevant to a necessary adaptation of the property. But even then, you should approach this with sensitivity. 
• Personal beliefs and lifestyle choices: Questions about personal beliefs or lifestyle choices that don’t impact their tenancy obligations are inappropriate.

So, any information that will not prove whether or not a person will be a reliable tenant is irrelevant to you as the landlord, so it is always best to avoid these types of questions. 

What questions should landlords ask? 

There is certain information that you’ll need, however, to ensure that you’re making the right decision for you and your property. For example: 

• Employment status and history: Asking about a potential tenant’s employment and past work history is always useful to know so that you can ascertain the reliability of your potential tenant.  
• Income and financial stability: You’ll need to assess whether any potential tenants are able to afford rent
• Previous rental history: It is important to ask for any details of previous rental history, as well as gaining references from former landlords. 
• Credit checks: You’ll need to ensure that you gain consent from potential tenants before conducting credit checks 

Benefits of asking the right questions

There are definite benefits to knowing which questions to ask any potential tenants, especially if you are new to being a landlord, such as: 

• Reducing expenses by minimising the risk of losing rent due to unreliable tenants. This way, you’ll also minimise stress related to late rent payments. 
• Maintaining the condition of your property as reliable tenants are more likely to look after your property
• The value of your property is maintained due to tenants looking after it and ensuring there is a consistent flow of income
• Avoiding any legal issues, as your tenants are less likely to engage in unlawful activities

Repercussions of asking the wrong questions

There are many reasons why landlords cannot ask certain questions during screening, ranging from legal challenges to reputational damage. Any potential tenant who feels that you’ve discriminated against them can bring discrimination claims against you, which could result in costly legal battles. 

Also, being known as a discriminatory landlord can damage your reputation, making it more difficult to attract future tenants. 

How to make sure you ask the right questions 

There are a few processes you can put in place to ensure that you avoid the questions landlords cannot ask. For example, you want to make sure that you structure your interviews and application forms in a way that allows you to focus solely on objective criteria related to their suitability as a tenant. 

Another process you should consider putting into place is investing in training any staff members involved in the screening process. This way, you’ll make sure that your staff members can prevent any discrimination. 

Also, by standardising your processes, you’ll be able to ensure there’s consistency and that perception bias is avoided. You can do this by using the same screening criteria and asking the same relevant questions to all potential tenants. 

Be sure to focus on tenants who are able to pay rent and who have a history of being responsible, and who are willing to adhere to the terms of the lease. 

By prioritising transparency, fairness, and adherence to UK law, you’ll be able to conduct effective tenant screening as a landlord, avoiding those questions landlords cannot ask,  whilst still being able to uphold the rights of any potential tenants.  

Make sure that you take care of your property by investing in landlord insurance. At CIA Landlords, we have the expertise to find the best landlord insurance deals that are suitable for your needs as a landlord. Contact us today at 01788 818 670 for a quote, and don’t forget to visit our resource centre for more information on how to be a successful landlord