Fact
File 
PainSmith
Solicitors Legal Update - 24th
July 2007 - Belief Discrimination
Part
of the Equality Act 2006 outlaws discrimination on the grounds
of belief. This came into force at the end of April 2007.
These provisions apply to the disposal of premises, including
sales and lettings.
The provisions prohibit discrimination on the grounds of
a religion or belief they hold or are thought to hold or
on the grounds of not holding a belief. It is intended that
the idea of belief will be interpreted more widely than
simple religious lines but the government has deliberately
left the matter for the Courts to decide.
In
most cases these regulations should have little impact on
lettings agents. Few Agents or landlords discriminate against
individuals on the grounds of belief. Where someone believes
they have been discriminated against they can serve a notice
on the person they believe has discriminated against them
asking that information is provided. This can be done on
a standard form within six months of the occurrence of the
alleged discrimination. If such a form is served then the
person receiving it should reply within 8 weeks. A standard
form is also available for this purpose. If the reply is
not forthcoming inside 8 weeks or is evasive then the Court
is entitled to draw inferences from that such as the inference
that discrimination has occurred. Claims of unlawful discrimination
must be brought within six months of the action complained
about and should be brought in the County Court .
The
normal penalty is compensation to the Claimant. Landlords
and Agents should familiarise themselves with the question
and response forms so that they are able to answer queries
promptly and clearly. While the financial penalties are
likely to be slight the negative publicity and embarrassment
resulting from a claim being proven could be substantial.
Further guidance, which includes the standard forms requesting
further information and responding to such a request, is
also available from the DCLG and can be found on their website
at www.communities.gov.uk/index.asp?id=1510068
Dr
David Smith is a trainee solicitor with PainSmith Solicitors,
a niche practice specialising in residential landlord and
tenant law. He can be contacted on 01420 565310 or by email
at david@painsmith.co.uk. If
you wish to subscribe to the free legal updates service
then you should email update@painsmith.co.uk
with the phrase "subscribe updates" in the subject of the
email.
PainSmith
Solicitors Legal Updates are provided for information only
and are not legal advice. If you do have a legal problem,
you should talk to a lawyer or adviser before making a decision
about what to do. You may wish to use the CLS/CDS Directory
(www.justask.org.uk/public/en/directory)
to locate an adviser. The information provided here is written
for people resident in, or affected by, the laws of England
and Wales only. You should note that date given in the update
and be aware that the information given may become inaccurate
due to changes in the law or its implementation.
©PainSmith
Solicitors
Information
supplied by PainSmith Solicitors
who are a niche practice specialising in Landlord and Tenant
Law. Based in Medstead in Hampshire, they are ideally situated
to provide an efficient service to clients nationwide as
well as those based in Central London and the Home Counties.
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