Disability Discrimination

Definition of Disability:

The Disability Discrimination Acts 1995 and 2005 define disability as a physical or mental impairment which has a substantial and long term adverse effect on a person's ability to carry out normal day to day activities. The Acts cover both people that have disabilities as well as people who have had disabilities but no longer have them.

Disability Discrimination Acts 1995 and 2005:

The Disability Discrimination Acts 1995 and 2005 provide rights to people who have disabilities and includes provisions relating to disability discrimination with regard to the letting of property. In terms of these Acts, a disabled person should be treated in the same way as any other person with regard to the letting of property and it is unlawful for anyone involved in the letting of property to discriminate against disabled persons.

Landlords and/or their Agents are not permitted to discriminate in terms of the following conduct:

• Refusing to let property to a disabled person;
• Offering less favourable terms to a disabled person;
• Treating disabled persons differently;
• Offering different facilities to a disabled person;
• Refusing access to a disabled person;
• Eviction of disabled persons for reasons relating to their disability; and
• Refusal of consent to sub-let to a disabled person.

Exclusions:

There are the following exclusions whereby it is justifiable to treat disabled persons differently:

• Where there are health and safety reasons for refusing to let to a disabled person;
• Where the mental impairment of the disabled person prevents them from being capable of entering into a legally enforceable agreement; and
• Where the Landlord or close relatives are sharing the property and it is regarded as a "small dwelling".

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