Effect
765.This Schedule sets out limited exceptions to the prohibitions on discrimination and harassment contained in the premises provisions in Part 4 of the Act.
766.The first exception applies where a person who owns and lives in a property disposes of all or part of it privately (for example by selling, letting or subletting) without using the services of an estate agent, or publishing an advertisement.
767.This exception does not apply to race discrimination in disposing of premises. It only applies to discrimination in relation to permission to dispose of premises where it is based on religion or belief or sexual orientation.
768.This exception also exempts a controller of leasehold premises (as defined in section 36) from the duty to make reasonable adjustments provided that:
where the premises have been let, the premises are (or have been) the controller’s main or only home and he or she has not used the services of a manager since letting the premises (paragraph 2(1));
where the premises are to let, they are the controller’s main or only home and he or she has not used the service of an estate agent for letting purposes (paragraph 2(3)).
769.The second exception applies to disposal, management or occupation of part of small premises. It applies where a person engaging in the conduct in question, or a relative of that person, lives in another part of the premises and the premises include facilities shared with other people who are not part of their household.
770.This exception does not apply to race discrimination when disposing of or giving permission for the disposal of premises, or in the management of premises.
771.The small premises exception also exempts a controller of premises or a person responsible in relation to common parts (as defined in section 36) from the duty to make reasonable adjustments where the premises are small, where that person or a relative of that person lives in one part of the premises and residents who are not members of that person’s household live in another part of the premises. The definitions of “small premises” and “relative” in paragraph 3 apply.
772.Paragraph 5 contains a power for a Minister of the Crown to amend or repeal the small premises exception.
