The Fair Employment and Treatment (Northern Ireland) Order 1998

Exception from Articles 28(1) and 29; small dwellings

30.—(1) Where the conditions mentioned in paragraph (2) are satisfied—

(a)Article 28(1) does not apply to the provision by a person of accommodation in any premises;

(b)Article 29(1) does not apply to the disposal by a person of any premises;

(c)Article 29(4) does not apply to the withholding of any consent or licence.

(2) The conditions are that—

(a)the relevant occupier resides, and intends to continue to reside, on the premises;

(b)the relevant occupier shares accommodation on the premises with persons who reside on the premises and are not members of his household;

(c)the shared accommodation is not storage accommodation or a means of access; and

(d)the premises are small premises.

(3) For the purposes of this Article, premises are “small premises” if they fall within paragraph (4) or (5).

(4) Premises fall within this paragraph if—

(a)only the relevant occupier and members of his household reside in the accommodation occupied by him;

(b)the premises comprise, in addition to the accommodation occupied by the relevant occupier, residential accommodation for at least one other household;

(c)the residential accommodation for each other household is let, or available for letting, on a separate tenancy or similar agreement; and

(d)there are not normally more than two such other households.

(5) Premises fall within this paragraph if there is not normally residential accommodation on the premises for more than 6 persons in addition to the relevant occupier and any members of his household.

(6) For the purposes of this Article “the relevant occupier” means—

(a)in a case falling within Article 28(1), the person providing the accommodation or a near relative of his;

(b)in a case falling within Article 29(1), the person with power to dispose of the premises, or a near relative of his;

(c)in a case falling within Article 29(4), the person whose licence or consent is required for the disposal of the premises, or a near relative of his.

(7) For the purposes of this Article “near relative” means a person’s spouse, parent, child, grandparent, grandchild, or brother or sister (whether of full or half blood or by affinity).