Lisa
You are legally permitted to decline an applicant on the basis that they smoke. Under UK law, smoking is not a protected characteristic under the Equality Act 2010, meaning you have the right to choose whether or not you want to make accommodation available to individuals who smoke. Your past experience with a costly and traumatic eviction provides a very reasonable background for your caution.
Neither are you obliged to make a full disclosure to a rejected applicant as to precisely why they have been rejected. It’s a bit like dating – in the final analysis, some people just don’t âfit’, and no amount of debriefing them is going to help anyone. It could also be counterproductively hurtful to do so.
So, what to do?
Remember that selecting an almhouse resident is not an entirely objective exercise. Yes, there are some objective pre-conditions, usually set out in your Scheme. But there are subjective considerations also.
So, first, make sure you carry out a screening interview for every applicant. Test the validity of their eligibility under your Scheme (poor, good character, live in your area of interest, ex-Services – whatever). Then, crucially, decide, deep within yourself, whether you think they will fit in to your existing community.
You’re not in the business of offering therapy. You’re not going to change people’s anti-social behaviour (be that playing Dire Straits at 3.00 am, or stinking the place out by smoking). So you have to be happy your existing community can live with any proposed new resident. If you aren’t entirely comfortable about someone’s character or behaviour, you simply don’t offer them accommodation.
If you donât like disapponting any applicant, try gently letting down those who will never fit in to your almshouse community with something like: âThank you for applying for accommodation with us. We will let you know when any suitable accommodation becomes availableâ.
Whether âsuitable accommodationâ ever comes up is then up to you ⌠!
This tactic works best, of course, if you encourage people to join an Applicants List, before you have vacancies.
I hope this helps.
Nick Stiven
clerk@stjohnswilton.org.uk