PART III Discrimination in Other Areas

Premises

E122 Discrimination in relation to premises.

1

It is unlawful for a person with power to dispose of any premises to discriminate against a disabled person—

a

in the terms on which he offers to dispose of those premises to the disabled person;

b

by refusing to dispose of those premises to the disabled person; or

c

in his treatment of the disabled person in relation to any list of persons in need of premises of that description.

2

Subsection (1) does not apply to a person who owns an estate or interest in the premises and wholly occupies them unless, for the purpose of disposing of the premises, he—

a

uses the services of an estate agent, or

b

publishes an advertisement or causes an advertisement to be published.

3

It is unlawful for a person managing any premises to discriminate against a disabled person occupying those premises—

a

in the way he permits the disabled person to make use of any benefits or facilities;

b

by refusing or deliberately omitting to permit the disabled person to make use of any benefits or facilities; or

c

by evicting the disabled person, or subjecting him to any other detriment.

F13A

Regulations may make provision, for purposes of subsection (3)—

a

as to who is to be treated as being, or as to who is to be treated as not being, a person who manages premises;

b

as to who is to be treated as being, or as to who is to be treated as not being, a person occupying premises.

4

It is unlawful for any person whose licence or consent is required for the disposal of any premises comprised in, or (in Scotland) the subject of, a tenancy to discriminate against a disabled person by withholding his licence or consent for the disposal of the premises to the disabled person.

5

Subsection (4) applies to tenancies created before as well as after the passing of this Act.

6

In this section—

  • “advertisement” includes every form of advertisement or notice, whether to the public or not;

  • “dispose”, in relation to premises, includes granting a right to occupy the premises, and, in relation to premises comprised in, or (in Scotland) the subject of, a tenancy, includes—

    1. a

      assigning the tenancy, and

    2. b

      sub-letting or parting with possession of the premises or any part of the premises;

    and “disposal” shall be construed accordingly;

  • “estate agent” means a person who, by way of profession or trade, provides services for the purpose of finding premises for persons seeking to acquire them or assisting in the disposal of premises; and

  • “tenancy” means a tenancy created—

    1. a

      by a lease or sub-lease,

    2. b

      by an agreement for a lease or sub-lease,

    3. c

      by a tenancy agreement, or

    4. d

      in pursuance of any enactment.

7

In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

8

This section applies only in relation to premises in the United Kingdom.