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3.—(1) Where, for a reason which relates to the disabled person’s disability, a person with power to dispose of any premises (“the provider”) treats a disabled person less favourably than he treats or would treat others to whom that reason does not or would not apply, that treatment shall be taken to be justified for the purposes of section 24(1) of the 1995 Act in the circumstances specified in paragraph (2).
(2) The circumstances referred to in paragraph (1) are that—
(a)the provider grants a disabled person a right to occupy premises (whether by means of a formal tenancy agreement or otherwise);
(b)the disabled person is required to provide a deposit which is refundable at the end of the period of occupation provided that the premises and contents are not damaged;
(c)the provider refuses to refund some or all of the deposit because the premises or contents have been damaged for a reason which relates to the disabled person’s disability, and the damage is above the level at which the provider would normally refund some or all of the deposit; and
(d)it is reasonable in all the circumstances for the provider to refuse to refund some or all of the deposit.
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