Quick Links Header
Attention: open in a new window. PDFPrintE-mail

 

The Equality Act 2010

The Equality Act 2010 Commencement No. 4 Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation Order 2001 SI 2317 & The Equality Act 2010 (Disability) Regulations 2010 SI 2128

 

Commencement:

The Equality Act 2010 became an Act of Parliament on 8th April 2010. From 1st October 2010, the majority of the Act has been implemented and will replace major parts of the provisions of the Disability Discrimination Act. The relevant orders set out are the ones most relevant to the private housing sector. The remainder of the provisions will be introduced as determined by Ministers.

Scope of the 2010 Act:

This Act provides both a consolidation of existing legislation and a positive development of some of the existing anti-discrimination themes. This significant statute codifies anti-discrimination law, including the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003, and the Employment Equality (Age) Regulations 2006.

The Act requires equal treatment in employment and services, both public and private, irrespective of gender, race, disability, sexual orientation, belief or age.

Definitions, "Protected characteristic":

The most significant change created by the 2010 Act is what might be described as the ‘third party’ approach to discrimination. The Act amends the existing definition of direct discrimination so that it will be unlawful to discriminate against someone because of a particular characteristic. As an example it would previously have been unlawful to discriminate against a disabled tenant where it would now be unlawful to discriminate against an able bodied tenant with a disabled child.

Whilst the Act continues existing definitions contained in previous legislation there are also alterations. People who have access to facilities and services are protected from direct discrimination on the basis of a ‘protected characteristic’. The relevant characteristics are disability, gender reassignment, pregnancy and maternity, race (including ethnic or national origins), colour, religion or belief, sex and sexual orientation.

The Equality Act introduces the principle of indirect disability discrimination and clarifies the three requirements for making reasonable adjustments and the point at which the duty to make reasonable adjustments is triggered. The Act also introduces a new form of discrimination, known as discrimination arising from disability. This occurs when a disabled person is treated unfavourably because of something connected to their disability. Except in the case of pregnancy and maternity, people who are protected do not actually have to possess the characteristic themselves. Protection also applies, for example, where the person is unfairly treated because they are wrongly perceived to have a particular characteristic, or are treated as though they had it or because they associate with someone who has the characteristic.

Orders and Regulation:

The Equality Act 2010 (Commencement No 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation Order) includes provisions governing discrimination in relation to premises in sub sections 32-38 of Part 4. Sub sections 189-190 of Part 13 and Sch.21 cover those relating to reasonable adjustments and improvements to rented dwellings. The Equality Act (Disability) Regulations covers a wide area but includes:-

  • Certain aspects of work on premises deemed to be ‘auxiliary aids or services for the purposes of Sch. 4 of the Act;
  • Addressing whether work to physical features of a dwelling falls within the definition of a ‘reasonable’ adjustment as required by Sch. 2 & 15 of the Act; and
  • Defining when a landlord’s consent to work relating to a disability has been withheld and whether it has been withheld reasonably, unreasonably or subject to conditions.

Practical Impact:

Most organisations involved in housing are service providers for the purposes of the Act, including private landlords, estate agents, housing associations, local authorities, property developers and property management companies. It is illegal to discriminate on the grounds of race, colour or ethnic or national origins when selling, letting or managing property. There are very limited exceptions where it may be legal to discriminate on the grounds of colour or nationality:

  • Owner occupiers selling or letting their property without advertising or using an estate agent; and
  • Letting accommodation in small premises, where the landlord or landlady, the owner or a member of their family also live, and where they would have to share facilities with people who are not members of the household.

In these situations discrimination may be legal on grounds of colour or nationality, but not if the grounds of discrimination are those of race, ethnic or national origin (Schedule 5).

The Disability Discrimination Act makes it illegal to discriminate against people on grounds of disability when you let, sell or manage property. Housing providers are also bound by the requirement to make reasonable adjustments for disabled people. This might include waiving a no pets clause in a tenancy agreement for a tenant with a guide dog. Replacing taps or door handles is another example but these alterations would require the landlord’s consent and the cost borne by the tenant.

Where a tenant is permitted under the tenancy to make alterations/improvements with the consent of the landlord and the landlord refuses consent the tenant is entitled to a written statement of the reasons for the refusal. A landlord may not withhold consent unreasonably without being discriminatory. This could include in addition to alterations, the extension of services to the property including the erection of a wireless or TV aerial. The costs of these changes would be borne by the tenant.

Access to confidential information about a client’s protected characteristics - A landlord will often have access to people’s homes and may therefore have knowledge about a tenant’s protected characteristics. It is important that he does not use his knowledge in a way that puts the tenant at a disadvantage by breaching confidentiality.

Instructions to discriminate - It is important when running a letting business not to accept an instruction to discriminate from a property seller or landlord. It would be against equality law to accept an instruction to dispose of housing premises (which includes letting) and this could result in a legal claim.

Reasonable adjustments to remove barriers for disabled people – It is important to look at the different communication and accessibility needs that disabled people may have as this may be considered as a reasonable adjustment.

Managing premises - A management company must not discriminate against, harass or victimise someone who occupies the property in a way that the person is allowed to use a benefit or facility associated with the property, by evicting the person or by otherwise treating them unfavourably.

Penalties and Enforcement:

If a disabled person is discriminated against with respect to the selling, letting and management of property, he may seek recompense through the County Court. He is entitled to seek damages to help to recover losses or to compensate for injury to his feelings. There is a limitation period of six months beginning at the time of the action which led to the complaint. Claims for unlawful discrimination in employment are dealt with by Employment Tribunals.

Sources for Further Information:

This summary is intended to assist landlords and letting agents to understand the effect of the Act.  It is not an authoritative interpretation - this is a matter for the courts.  For more detail, you should refer to the text of the Act/Regulations themselves.