Can Landlords Ask About Family Size When Renting in Wales?

If you’re looking for a rental property in Wales, you might wonder whether a landlord or letting agent can legally ask you about the size of your family. This can be a sensitive topic for renters, especially if you feel such questions could relate to potential discrimination or unfair treatment. Below, we explain your rights in Wales, the role of equality law, and steps to take if you feel you’ve been treated unfairly because of your family size.

Is Asking About Family Size Legal Under Welsh Housing Law?

Landlords must follow The Equality Act 2010, which applies across the UK, including Wales. This law protects people from discrimination when renting a home, covering issues such as family status, disability, race, and more. Asking about family size is not illegal in itself, but using that information to discriminate may be unlawful.

• Landlords can ask general questions about household size to ensure the property is suitable and not overcrowded under the Housing Act 2004.
• However, it is against the law to treat you unfairly just because you have children, are pregnant, or plan to start a family. Such treatment is considered unlawful discrimination due to 'family status' under the Equality Act.
• If a landlord refuses your application solely because you have children, this may be unlawful unless there is a justifiable reason (such as proven overcrowding risks or specific licensing rules).

What Does the Law Say About Discrimination and Family Status?

The Equality Act 2010 names “pregnancy and maternity” as protected characteristics. It is also unlawful to discriminate on the basis of sex, which can cover issues linked to family status. Refusing to rent to someone only because they have children or are expecting can amount to discrimination.

Practical questions about household size are allowed—for example, to check the rental property meets health and safety and occupancy rules. But landlords must never use this to unfairly exclude tenants with families.

What Forms and Official Channels Can Help?

If you suspect discrimination, you may wish to:

• Contact Rent Smart Wales, which registers and licenses landlords and agents to ensure fair practice: Rent Smart Wales
• Apply to the Residential Property Tribunal Wales for certain disputes. This independent body deals with housing-related complaints: Residential Property Tribunal Wales

Relevant Forms

• Application Form for the Residential Property Tribunal (Wales):
  Tribunal Application Forms
  Use if you need to apply for the Tribunal to investigate an alleged discriminatory refusal to consider your tenancy based on family status. You would fill out the summary form relevant to your tenancy dispute and provide details and evidence.
• Discrimination Complaint to the Equality and Human Rights Commission (EHRC):
  Equality Advisory and Support Service: Make a Complaint
  For advice or to formally report a landlord or letting agent if you believe they violated the Equality Act 2010.

If You Experience Discrimination: Steps to Take

• Ask the landlord or agent to give their reasoning in writing for rejecting your application.
• Collect evidence (emails, messages, adverts) if you feel you’ve been turned down because of children or family status.
• Contact Rent Smart Wales to lodge a concern or complaint about unfair practices.
• Apply to the Residential Property Tribunal Wales (see above) for an independent review, if appropriate.
• Seek advice from the Equality Advisory and Support Service (see below).

These steps can help ensure your rights are respected and give you the support you need.

FAQ: Renting in Wales and Family Size Questions

1. Can a landlord in Wales refuse to rent to me because I have children?
   Generally, no. Refusing solely because you have children is likely to be unlawful discrimination under the Equality Act 2010, unless there is a legitimate and legal reason, such as property overcrowding limits.
   
2. Is it legal for landlords to ask how many people will live in the property?
   Yes, this is allowed, but only to make sure the property is suitable and complies with safety and occupancy rules. They must not use this information to discriminate without just cause.
   
3. What should I do if I believe I've faced discrimination?
   Keep written records, ask for the landlord’s decision in writing, and contact Rent Smart Wales or the Equality Advisory and Support Service for support. You may also apply to the Residential Property Tribunal Wales if necessary.
   
4. What law protects my rights if I have a family?
   The Equality Act 2010 sets out your rights and prohibits discrimination on the grounds of sex, pregnancy, or maternity.
   
5. Which tribunal deals with tenancy discrimination in Wales?
   The Residential Property Tribunal Wales handles residential tenancy disputes and related complaints.
   

Key Takeaways

• Landlords in Wales can ask about household size only to ensure the property is suitable and safe.
• It is unlawful for landlords to refuse tenants just because they have children or are pregnant.
• Help is available from Rent Smart Wales, the Residential Property Tribunal, and equality support services.

Need Help? Resources for Renters

• Rent Smart Wales – Register complaints or concerns about landlord or agency practices.
• Residential Property Tribunal Wales – Submit official tenancy complaints and applications for review.
• Equality Advisory and Support Service – Phone: 0808 800 0082 for free guidance on discrimination concerns.
• GOV.UK: Renting Privately – Official guidance on your rights and responsibilities as a renter in Wales.

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1. Equality Act 2010 – The Equality Act 2010 (legislation.gov.uk)
2. Housing Act 2004 (overcrowding rules) – Housing Act 2004 (legislation.gov.uk)
3. Residential Property Tribunal Wales – residentialpropertytribunal.gov.wales
4. Rent Smart Wales – rentsmart.gov.wales

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