PART IIIDISCRIMINATION IN OTHER FIELDS
Goods, facilities, services and premises
Exception from Articles 21(1) and 22: small dwellings23
1
F1In relation to discrimination on grounds other than those of race or ethnic or national origins Where the conditions mentioned in paragraph (2) are satisfied—
a
Article 21(1) does not apply to the provision by a person of accommodation in any premises;
b
Article 22(1) does not apply to the disposal by a person of any premises;
c
Article 22(4) does not apply to the withholding of any consent or licence.
2
The conditions are that—
a
the relevant occupier resides, and intends to continue to reside, on the premises;
b
the relevant occupier shares accommodation on the premises with persons who reside on the premises and are not members of his household;
c
the shared accommodation is not storage accommodation or a means of access; and
d
the premises are small premises.
3
For the purposes of this Article, premises are “small premises” if they fall within paragraph (4) or (5).
4
Premises fall within this paragraph if—
a
only the relevant occupier and members of his household reside in the accommodation occupied by him;
b
the premises comprise, in addition to the accommodation occupied by the relevant occupier, residential accommodation for at least one other household;
c
the residential accommodation for each other household is let, or available for letting, on a separate tenancy or similar agreement; and
d
there are not normally more than two such other households.
5
Premises fall within this paragraph if there is not normally residential accommodation on the premises for more than 6 persons in addition to the relevant occupier and any members of his household.
6
For the purposes of this Article “the relevant occupier” means—
a
in a case falling within Article 21(1), the person providing the accommodation or a near relative of his;
b
in a case falling within Article 22(1), the person with power to dispose of the premises, or a near relative of his;
c
in a case falling within Article 22(4) the person whose licence or consent is required for the disposal of the premises, or a near relative of his.