A Landlords Guide
I have searched every where for a landlords guide to the Equality Act 2010 and surprisingly there is nothing available so I will give it a go here. In particular, the most common duty under the Act for landlords will be in relation to adapting premises for disabled persons.
The Equality Act 2010 primarily took effect on 1 October 2010 and it consolidates and replaces acts and regulations relating to discrimination for protected characteristics.
The protected characteristics are:
- gender reassignment;
- marriage and civil partnership;
- pregnancy and maternity;
- religion or belief;
- sexual orientation.
[s.4 Equality Act 2010]
A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.
If the protected characteristic is age, A does not discriminate against B if A can show A’s treatment of B to be a proportionate means of achieving a legitimate aim.
If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.
If the protected characteristic is race, less favourable treatment includes segregating B from others.
[s.13 Equality Act 2010]
Discrimination arising from disability
A person (A) discriminates against a disabled person (B) if—
A treats B unfavourably because of something arising in consequence of B’s disability, and A cannot show that the treatment is a proportionate means of achieving a legitimate aim.
This does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.
[s.15 Equality Act 2010]
For the purposes of this article I will split the duty to make adjustments into three categories, namely:
Adjustments to the services a landlord (or agent) offers including adjustments to lettings literature and tenancy agreements
Structural alterations to office premises in connection with letting
Structural adjustments to the tenancy property itself including physical adjustments such as ramps or stair lifts for example