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.