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The Race Relations (Northern Ireland) Order 1997

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F1. . . disposal or management of premisesN.I.

22.—(1) It is unlawful for a person with power to dispose of any premises to discriminate against another—

(a)in the terms on which he offers him those premises; or

(b)by refusing his application for those premises; or

(c)in his treatment of him in relation to any list of persons in need of premises of that description.

(2) Paragraph (1) does not apply to[F1 discrimination, on grounds other than those of race or ethnic or national origins, by] a person who owns an estate 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 person occupying those premises—

(a)in the way he affords him access to any benefits or facilities, or by refusing or deliberately omitting to afford him access to them; or

(b)by evicting him, or subjecting him to any other detriment.

[F1(3A) It is unlawful for a person, in relation to such premises as are referred to in paragraph (1) or (3), to subject to harassment a person who applies for or, as the case may be, occupies such premises.]

(4) It is unlawful for any person whose licence or consent is required for the disposal of any premises comprised in a tenancy

[F1(a)discriminate against a person by withholding the licence or consent for the 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 such a licence or consent, or from whom the licence or consent is withheld.]

(5) Paragraph (4) applies to tenancies created before as well as after the coming into operation of this Article.

(6) In this Article—

  • “dispose”, in relation to premises, includes granting a right to occupy the premises, and, in relation to premises comprised in a tenancy, includes—

    (a)

    assigning the tenancy, and

    (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—

    (a)

    by a lease or sub-lease,

    (b)

    by an agreement for a lease or sub-lease,

    (c)

    by a tenancy agreement, or

    (d)

    in pursuance of any statutory provision.

(7) This Article applies only in relation to premises in Northern Ireland.

F1SR 2003/341

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