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Legal Age discrimination in renting and management of properties ?

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  • Legal Age discrimination in renting and management of properties ?

    Part 4 of the Equality Act 2012 about Premises does not apply to the protected characteristics of marital status and age.

    This part of this act concerns disposal, management and occupation of premises

    Does it make legal discrimination and harassment against old people and unmarried people concerning the renting of property and the use of part of the property like use of the communal garden?
    If this is true this would be very strange and very difficult to believe that this could be allowed in a civilised country like the UK. It is difficult to believe that we could prevent someone from using a communal garden because of his age or its marital status. Moreover, this will be contrary to EU Directive on equality law

    Moreover, in Part 3 of the Equality Act 2010 concerning services and public function the protected characteristic of age for the under 18 is also not included and this would mean that a shopkeeper could refuse to sell food to someone under 18

    I know that shopkeepers cannot sell tobacco to under 18 but I do not this that includes also food. Moreover landlord can discrimination on the basis of age concerning retirement home but I do not think that this includes also any other accommodation. Moreover this will be contrary to EU Directive on equality law

    Moreover, in the document

    https://www.equalityhumanrights.com/...2015-final.pdf

    There are exceptions concerning age but not concerning the renting and management of premises

    Moreover, there could be another part of the Equality Act 2010 or another piece of legislation involved like maybe common law or another act of parliament.

    Anyway age is one of the protected characteristics of the Equality Act 2010. Hence, I am wondering if landlords can discriminate on the basis of age according to Part 4 of the Equality Act 2010 but only if this is objectively justified as a ‘proportionate means of achieving a legitimate aim’?
    Tags: None

  • #2
    I have found the two following documents which could be relevant

    a) The Equality Act 2010 (Age Exceptions) Order 2012.

    We note that in this act of parliament concerning age exceptions there are no exceptions concerning renting and management of properties

    b) The document

    https://www.lawcentres.org.uk/asset/download/510

    published by the Law Centres Network where it is stated

    “Discrimination in housing
    Discrimination in housing is illegal in the UK. Landlords and agents cannot refuse potential tenants because of a protected characteristics (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation).”


    This seems to be in contradiction with the fact the protected characteristics of age and marriage and civil partnership are not included part 4 of the Equality Act 2010 concerning Premises. Hence, the situation is confusing and still not know if landlords can discriminate against tenants because of their age

    Comment


    • #3
      Is there only the Equality Act 2010 which matters? Maybe common law matter?

      Was age discrimination concerning renting and management of properties legal before the Equality Act 2010?

      Comment


      • #4
        Why to have removed entirely age and marital status from Part 4 about Premises of the Equality Act 2010 if already there could be a different treatment if it is objectively justified as a ‘proportionate means of achieving a legitimate aim’ what we call “objective justification”?

        This question puzzles me a lot or there is maybe something we have not understood concerning the interpretation of the Equality Act 2010?

        Comment

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