Q&As

Would it be contrary to the Equality Act 2010 (or any other law) for a landlord of multiple dwellings to stipulate that these may not be let to students (on the basis that students are almost universally of a particular age bracket)?

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Published on LexisPSL on 12/03/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Would it be contrary to the Equality Act 2010 (or any other law) for a landlord of multiple dwellings to stipulate that these may not be let to students (on the basis that students are almost universally of a particular age bracket)?

This Q&A raises the scope of the Equality Act 2010 (EqA 2010) in the context of the creation of interests in or over land.

EqA 2010 creates nine protected characteristics in respect of which it imposes restrictions upon the manner in which they can be dealt. They are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation (EqA 2010, s 4). There is no definition of age or age group. The notion of age is broad enough to encompass, for example, those above a certain age, those between two ages or those in a particular decade of their life.

In respect of each characteristic, EqA 2010 places restrictions upon both direct and indirect discrimination.

As regards direct discrimination, 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 (EqA 2010, s 13(1)). In the specific context of age however, A does not discriminate against B if A

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