The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006

Disposal or management of premises

This sectionnoteType=Explanatory Memorandum has no associated

6.  (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 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 that he affords him access to any benefits or facilities, or by refusing or deliberately omitting to afford him access to them; or

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

(4) 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.

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

(a)to discriminate against a person by withholding the licence or consent for the disposal of 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.

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

(7) In this regulation —

“dispose”, in relation to premises, includes granting the 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.

(8) This regulation applies only in relation to premises in Northern Ireland.