PART III Discrimination in Other Areas
Premises
F224FLet premises: victimisation of persons to whom premises are let
1
Where a duty under section 24C or 24D is imposed on a controller of let premises by reference to a person who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises, it is unlawful for a controller of the let premises to discriminate against a person to whom the premises are let.
2
For the purposes of subsection (1), a controller of the let premises discriminates against a person to whom the premises are let if—
a
the controller treats that person (“T”) less favourably than he treats or would treat other persons whose circumstances are the same as T's; and
b
he does so because of costs incurred in connection with taking steps to avoid liability under section 24A(1) for failure to comply with the duty.
3
In comparing T’s circumstances with those of any other person for the purposes of subsection (2)(a), the following (as well as the costs' having been incurred) shall be disregarded—
a
the making of the request that gave rise to the imposition of the duty; and
b
the disability of each person who—
i
is a disabled person or a person who has had a disability, and
ii
is a person to whom the premises are let or, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.
E124FF1Let premises: victimisation of persons to whom premises are let
1
Where a duty under section 24C or 24D is imposed on a controller of let premises by reference to a person who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises, it is unlawful for a controller of the let premises to discriminate against a person to whom the premises are let.
2
For the purposes of subsection (1), a controller of the let premises discriminates against a person to whom the premises are let if—
a
the controller treats that person (“T”) less favourably than he treats or would treat other persons whose circumstances are the same as T's; and
b
he does so because of costs incurred in connection with taking steps to avoid liability under section 24A(1) for failure to comply with the duty.
3
In comparing T's circumstances with those of any other person for the purposes of subsection (2)(a), the following (as well as the costs' having been incurred) shall be disregarded—
a
the making of the request that gave rise to the imposition of the duty; and
b
the disability of each person who—
i
is a disabled person or a person who has had a disability, and
ii
is a person to whom the premises are let or, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.