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Equality Act 2006

Section 48: Section 47: exceptions

185.Section 48 creates an exception to the provisions in section 47.Subsection (1) provides that it will not be unlawful for a landlord to discriminate in who he rents out a part of his premises to, if:

  • he or a near relative lives in another part of the same premises (and intends to continue to do so);

  • the premises include parts that he or a near relative would share with the tenant such as a bathroom or kitchen; and

  • the premises are of a size where no more than two households, or six individuals, can live in the premises in addition to the landlord or a near relative.

186.Subsection (2) defines what “near relative” means for the purposes of subsection (1).

187.Subsection (3) lists other circumstances where the provisions in section 47 will not apply, and religious discrimination in the disposal of premises will not be unlawful: namely, where a person owns an estate or interest in the premises, or occupies the whole of the premises, and does not use an estate agent to dispose of the premises and does not arrange for publication of an advertisement for the purposes of disposing of the premises.

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