Fact
File 
Pain
Smith Solicitors
Legal Update
24th
October 2006
Code of Practice on Racial Equality in Housing
The
Code of Practice on Racial Equality in Housing was brought
into force on 1 October 2006 by The Race Relations Code
of Practice Housing) Appointed Day) Order 2006 Si 2006/2239).
The Code replaces two previous codes of practice; the Code
of Practice in Rented Housing and the Code of Practice in
Non-Rented Owner Occupied) Housing. There are three separate
Codes for England, Wales and Scotland although all three
are very similar. Northern Ireland has its own independent
racial equality legislation and is therefore not covered
by the Codes. The Codes apply to anyone involved in he provision
of Housing from Local Authorities to small private landlords.
The
Codes represent 'best practice' and, while they are not
an authoritative statement on the law, it has been approved
by Parliament and so must be taken into account by the Courts
when deciding cases based on racial equality issues. It
will therefore assist in the defence of anyone accused of
racial discrimination to show that hey have followed the
recommendations and procedures laid out by the Codes. The
level of compliance required should be viewed proportionally.
A private landlord letting one property will not be expected
to demonstrate adherence to all the procedures in the Codes
in the same manner as a large housing organisation might
be but they will be expected to demonstrate that they have
endeavoured to follow the spirit and intent of the Codes.
It
should not be necessary to lay out what constitutes racial
discrimination. However, it should be remembered that any
form of discrimination on the basis of race or nationality
is a breach of the Race Relations Act, whether direct refusal
of Australian tenants) or indirect failing to supply details
of properties to a white tenant as they are in an 'Asian
area'). This will also apply to the provision of services,
which must be provided equally across the community. Racial
harassment or abuse is also a breach of the RRA. It would
also be discriminatory to impose different letting terms
increased deposit , for example) on he grounds of race or
nationality.
While
the Codes are primarily aimed at social landlords it would
be useful for agents to look through the areas of good practice
laid out in Chapter 3 to ensure that their procedures are
compliant . In general terms, as long as information is
provided equally to all enquirers and letting decisions
are not made with racial issues in mind here should be no
problem.
The
three Codes are published by the Commission for Racial Equality
and are available from their website (www.cre.gov.uk).
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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