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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
[F2(a)to discriminate against a person by withholding the licence or consent for disposal of the premises to him, or
(b)in relation to such a licence or consent, to subject to harassment a person who applies for the licence or consent, or from whom the licence or consent is withheld.]
(2)Subsection (1) does not apply [F3to discrimination on grounds other than those of race or ethnic or national origins] if—
(a)the person withholding a licence of 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.
(3)Section 22(2) (meaning of “small premises") shall apply for the purposes of this as well as of that section.
(4)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.
(5)This section applies to tenancies created before the passing of this Act, as well as to others.
Textual Amendments
F1S. 24: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 26(1)
F2S. 24(1)(a)(b) substituted (19.7.2003) for words by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 26(2)(a)
F3Words in s. 24(2) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 26(2)(b)
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