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(1)Where the licence or consent of the landlord or of any other person is required for the disposal to any person of premises in Great Britain comprised in a tenancy, it is unlawful for the landlord or other person
[F1(a)to discriminate against a woman by withholding the licence or consent for disposal of the premises to her, or
(b)in relation to such a licence or consent, to subject to harassment a woman to whom the disposal would be made if the licence or consent were given.]
(2)Subsection (1) does not apply if—
(a)the person withholding a licence or consent, or a near relative of his (“the relevant occupier”) resides, and intends to continue to reside, on the premises, and
(b)there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household, and
(c)the premises are small premises as defined in section 32(2).
(3)In this section “tenancy” means a tenancy created by a lease or sub-lease, by an agreement for a lease or sub-lease or by a tenancy agreement or in pursuance of any enactment; and “disposal”, in relation to premises comprised in a tenancy, includes assignment or assignation of the tenancy and sub-letting or parting with possession of the premises or any part of the premises.
(4)This section applies to tenancies created before the passing of this Act, as well as to others.
Textual Amendments
F1S. 31(1): paras. (a)(b) substituted (6.4.2008) for words by The Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963), reg. 2(1), Sch. 1 para. 6
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