PART III

DISCRIMINATION IN OTHER FIELDS

Goods, facilities, services and premises

. . . disposal or management of premises
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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 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.
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
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—
  1. assigning the tenancy, and
  2. 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. by a lease or sub-lease,
  2. by an agreement for a lease or sub-lease,
  3. by a tenancy agreement, or
  4. in pursuance of any statutory provision.
7
This Article applies only in relation to premises in Northern Ireland.
SR 2003/341