Fact
File 
PainSmith
Solicitors Legal Update -2
July 2007 - Sexual Orientation Discrimination
The
Equality Act (Sexual Orientation) Regulations 2007 which
outlaw discrimination on the grounds of sexual orientation
came into force at the end of April. Many people will have
seen stories about this in the news media with regard to
adoption agencies operated by the Catholic Church. However,
it may not have been so clear that the same regulations
also apply to the disposal of premises, including sales
and lettings
The regulations define discrimination as the less favourable
treatment of one person by another on the grounds of the
sexual orientation, real or imagined, of that person or
any other person. Regulation 5 specifically forbids the
discrimination against any individual on the grounds of
sexual orientation in regard to disposal of property, whether
by sale or by letting. This prohibition also extends to
discrimination against the provision of a service to a tenant
or occupier. Agents should note that the regulations apply
equally to them just as much as they do to landlords.
There
are some exceptions to the regulations. Resident landlords
can discriminate over who they share their house with and
individuals selling their home can also discriminate provided
neither is using a lettings or estate agent to assist them.
The other major exception, as many people will be aware
from the news media relates to religious organisations who
will continue to be free to discriminate on the grounds
of sexual orientation where that corresponds with their
religious beliefs. It will therefore continue to be legal
for religious bodies to decline to let property to same
sex couples.
In
most cases these regulations should have little impact on
lettings agents. Few Agents or landlords discriminate against
individuals on the grounds of their sexual orientation and
those that do are usually religious organizations who will
be free to continue doing so. Agents may have to take care
of the occasional landlord who objects to letting property
to individuals on the grounds of their sexuality and they
will now need to treat these requests as they would an attempt
by a landlord to discriminate against a prospective tenant
on the grounds of race.
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=1510066.
Dr
David Smith is a trainee solicitor with PainSmith Solicitors,
a niche practice specialising in residential landlord and
tenant law. 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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