RENTAL APPLICATIONS, PRIVACY, AND DISCRIMINATION
From "The Landlord and Tenant Act 2025"
Go to the project
Direct to the point, there actually should be ONE government-approved application that any landlord or agent must acquire if seeking applicants to rent their properties. This will enable monitoring over privacy breaches and application questions lending to discrimination.
Structured feedback/public opinion should be sought from anyone who has applied for housing within the last two years before anyone thinks to gasp at this suggestion or dismiss how relevant and URGENT this is.
Landlords/agents need to note that they are not the financial advisor of the applicant, nor are they the FBI or CIA. Points follow:
- Firstly, an application to rent SHOULD NOT be required PRIOR to the renter having the opportunity to view the property. This potential business arrangement must take into obvious consideration that the renter also gets to decide if the unit is suitable for their interests. Thereafter, a renter shall be allowed to request application. Landlords/agents are making receipt of an application prior to viewing mandatory and this lends to violation of one's privacy, also to discrimination (of employment, sex, race, etc.). Consider that a renter is filling out scores of applications and providing sensitive detail in the process to an unknown person, especially in the event of representation by an agent. A renter knows just as little of a landlord, being said, if an agent is acting on behalf of a landlord, they shall be required to provide the name of the landlord to the seeker. Questions like criminal convictions are asked and while this may seem completely sensible, how much more sensible would it be that a renter should also know this of the landlord? This is just an example to identify that to enter a relationship of this nature is not one-sided though this reality is often overlooked and therefore, mandated process controls are needed. On that note of process, if a person is granted the opportunity to view, the landlord/agent shall also be required to communicate back to the same as to the status of their application and availability of the unit when asked.
- An applicant's salary IS NOT the business of the landlord. The only reasonable inquiry in this regard is for a dated CONFIRMATION OF EMPLOYMENT letter signed by an employer confirming employment. A landlord/agent has no right to require an applicant to provide salary details or grant permission allowing them to have a conversation with their employer to discuss the renter's earnings. This cannot be looked at one-sided as protection for the landlord. The promise to pay is part of the lease agreement with option to terminate for failure to do so in place. An applicant's right to privacy MUST be mandated here. If any landlord/agent would disagree, then they should be equally willing to disclose to renters up front the detail of their monthly mortgage payment where there should be an also mandated percentage scale used as how much of that can be used in calculating the rental rate.
- If there is a mandated age at which one can seek to rent, the only inquiry on the application should be ie: are you 21 years or older, a birthdate should not be requested.
- Fair enough that a landlord/agent would ask on their applications how many persons shall occupy. However, to ask if a renter is "with child" is absolutely audacious and insane! A woman may not be at the stage that she wishes to share their pregnancy with others and this is their right. In order to close loopholes as it were, and to protect the fertility privacy (who would've thought) of humanity in this space, it needs to be mandated that this question should be limited in its wording. What then, shall they also be asking of plans to adopt or foster a child?
- Landlords/agents should not allow for bidding on rental properties with the unit going to the highest bidder. An offer on a home purchase is one thing but MUST NOT be an option on rentals. Rental rates of ALL properties should be mandated based on various factors, especially the square footage size of the dwelling. There is just no way that a bedsitter or studio, given the square footage, should have a rate of $2k+. The same for what is being called a one-bedroom at $3k+ when it is nothing more than a studio with a dividing wall. Mandating square footage living space against the rental rate and also against what government shall pronounce as a living wage, is a must to deter the criminality of price gouging by landlords/agents.
- Properties are required to have suitable parking space for tenants. It must not be permitted that units can be provided for "bikes only". If this is actually going to be allowed, this then should also have impact on the rental rate allowed.
- The application process should not be permitted to ask specifically of the amount of children to occupy and their ages. Simply, the amount of occupants would suffice.
- Fair enough that a landlord/agent would ask for prior references in order to enter an agreement with a tenant. HOWEVER, these references should only be in writing from prior landlords as this alone is the nature of their potential business relationship. Aside, a financial reference from ie BELCO can be considered. Layers of references are being asked for, including personal, former employers, etc. and this simply is not needed for the type of transaction being pursued. Simple but required for mandate to protect privacy.
- Any advertised property for rent must follow a standard set of mandated guidelines of details to provide, including interior/exterior photos. This not only assists in not wasting anyone time but also helps with decreasing/eliminating false adverts. If advertised properties ultimately went through a single channel of governance, these details could be fairly assessed. An advertise property should be required to identify EXACTLY what they are looking for. In this way, the discriminatory practices would be eradicated of ie seeking only those with a net salary of $5k+, or those with/without children/pets/vehicle, or only work permit holders. Many applicants are wasting their time and energy blindly applying and sharing so much of their personal details repeatedly when ultimately, they never "qualified" in the first place.
- The required deposit should be indicated on the application form. Though there is legal framework over what this amount shall be in regards to the ARV, many still remain ignorant to this (on both sides) and landlords/agents are getting away with asking for more than they should. A tenant is not likely to report this after the fact so as to avoid the potential for retaliation in some way. Very clear mandates regarding deposits and outlines of the same must be contained in rental agreements.
Comments(7)
Commenting is not possible because this project is currently not active.
Most recent comments have loaded.
Profile of K. D.
Posted by:K. D.
9 months ago
Thank you for the points on privacy and appropriate rent per square footage. Other jurisdictions have maximum rent per sqft set by the city council.
Profile of renee .
Posted by:renee .
9 months ago
@K. D. thank you for your share. surely it can be done without the need for delays and uber amounts of red tape. depends on how proactive the powers that be choose to be in taking every available step towards a fairer Bermuda in respect to this crisis.
Profile of marisa sharpe
Posted by:marisa sharpe
9 months ago
I agree with most of your comments. I was not aware that landlords were asking such invasive questions. I have one query though. How do you escape creep scope? For example, when renting a studio/one bedroom to one tenant, then they slowly introduce a pet, then a partner, then a child, then maybe even a second child into the equation. As a landlord you don't want to be harsh and evict but how do you protect yourself from that?
Profile of renee .
Posted by:renee .
9 months ago
@marisa sharpe thank you for your comment and query. in response to "creep scope", the one thing you must do is have this conversation with the tenant at the onset and ensure that the same is clearly expressed in your written lease agreement (add an addendum if you must). don't forget to have not just the lease signed, but every page of it (initialed at minimum).
you can identify that any such change in the initial agreement will cause the existing lease to either be rendered void or subject to review and that communication prior to the commencement of the change is required. it should be included that the discretion to proceed/renew/vacate the lease in this regard, is at the discretion of the landlord and ensure that adequate time is stated for the tenant to vacate, should it come to this.
more can be said i'm sure, however, this is a generalized start. hope this helps.
Profile of marisa sharpe
Posted by:marisa sharpe
9 months ago
@renee Thanks, but all of this was done.
Profile of renee .
Posted by:renee .
9 months ago
@marisa sharpe well that puts you within your legal right to evict. however, this is where a tribunal would be helpful. perhaps you can contact legal aid or the bermuda bar association and ask them for direction on mediation service providers.
Profile of K. D.
Posted by:K. D.
9 months ago
@marisa sharpe I think there is a difference whether you have to make yourself "naked"before you even get a chance to look at the place. That happens with lots of agents. I am looking right now and had to fill out forms. Fill out an application first. On the other hand families might grow, the agreement can be terminated to the end of the period if that is the case. There could also be a maximum safe occupancy considered, like 100 sqft per occupant, and animals count like 1/2 a person
Share
Posted by
Current status
proposed
