SCHEDULES

SCHEDULE 5Premises: exceptions

Owner-occupier

1

1

This paragraph applies to the private disposal of premises by an owner-occupier.

2

A disposal is a private disposal only if the owner-occupier does not—

a

use the services of an estate agent for the purpose of disposing of the premises, or

b

publish (or cause to be published) an advertisement in connection with their disposal.

3

Section 33(1) applies only in so far as it relates to race.

4

Section 34(1) does not apply in so far as it relates to—

a

religion or belief, or

b

sexual orientation.

5

In this paragraph—

  • “estate agent” means a person who, by way of profession or trade, provides services for the purpose of—

    1. a

      finding premises for persons seeking them, or

    2. b

      assisting in the disposal of premises;

  • “owner-occupier” means a person who—

    1. a

      owns an estate or interest in premises, and

    2. b

      occupies the whole of them.

2

1

Section 36(1)(a) does not apply if—

a

the premises are, or have been, the only or main home of a person by whom they are let, and

b

since entering into the letting, neither that person nor any other by whom they are let has used a manager for managing the premises.

2

A manager is a person who, by profession or trade, manages let premises.

3

Section 36(1)(b) does not apply if—

a

the premises are, or have been, the only or main home of a person who has them to let, and

b

neither that person nor any other who has the premises to let uses the services of an estate agent for letting the premises.

4

“Estate agent” has the meaning given in paragraph 1.