Equality Act 2010, section 35

Management

Part 4 Premises

(1)A person (A) who manages premises must not discriminate against a person (B) who occupies the premises—

(a)in the way in which A allows B, or by not allowing B, to make use of a benefit or facility;

(b)by evicting B (or taking steps for the purpose of securing B's eviction);

(c)by subjecting B to any other detriment.

(2)A person who manages premises must not, in relation to their management, harass—

(a)a person who occupies them;

(b)a person who applies for them.

(3)A person (A) who manages premises must not victimise a person (B) who occupies the premises—

(a)in the way in which A allows B, or by not allowing B, to make use of a benefit or facility;

(b)by evicting B (or taking steps for the purpose of securing B's eviction);

(c)by subjecting B to any other detriment.

(4)In the application of section 26 for the purposes of subsection (2), neither of the following is a relevant protected characteristic—

(a)religion or belief;

(b)sexual orientation.

Definitions used in section 35 2

premises

(2)A reference to premises is a reference to the whole or part of the premises.

Defined in s.38(2) · see it in the full Act
detriment

“detriment” does not, subject to subsection (5), include conduct which amounts to harassment;

Defined in s.212(1) · see it in the full Act

Cases considering section 35 9

Akerman-Livingstone v Aster Communities Limited

[2015] UKSC 15 · 11 March 2015Interprets

The provision gives disabled occupiers accommodation-related equality rights additional to the rights of non-disabled occupiers (see para [25]). A person managing premises must not discriminate by evicting an occupier or taking steps to secure eviction. The protection applies to private and public landlords and is stronger and more specific than article 8 protection (see paras [16]; [24]; [53]-[58]).

Paragon Asra Housing Ltd v Neville

[2018] EWCA Civ 1712 · 26 July 2018Interprets

Although the provision covers eviction and steps taken to secure eviction, it does not require repetition at enforcement of a proportionality inquiry already determined by a binding possession order. A fresh inquiry arises only upon a relevant material change of circumstances (see paras [40]; [44]; [50]–[52]).

Swan Housing Association Ltd v Gill

[2013] EWCA Civ 1566 · 9 December 2013Limits

The court held that the premises-management discrimination provision applied only where the person concerned was actually disabled. Because disability was not established, it had no application. (see paras [19], [35]-[36])

What each judgment says about section 35 is in the case-law panel in the full Act.

Explanatory note

132.This section makes it unlawful for a person who manages premises to discriminate against or victimise someone who occupies the property in the way he or she allows the person to use a benefit or facility associated with the property, by evicting the person or by otherwise treating the person unfavourably. It also makes it unlawful for a person who manages a property to harass a person who occupies or applies to occupy it. The Act does not however make it unlawful to harass someone because of sexual orientation or religion or belief in the management of premises.

133.This section replaces similar provisions in previous legislation.

All the explanatory notes for the Act