Section 35

Schedule 5 35Premises: 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) 5Section 31(1) applies only in so far as it relates to race.

(4) Section 32(1) does not apply in so far as it relates to—

(a) religion or belief, or

(b) sexual orientation.

(5) In this paragraph—

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

  (a)

  finding premises for persons seeking them, or

  (b)

  assisting in the disposal of premises;

• “owner-occupier” means a person who—

  (a)

  15owns an estate or interest in premises, and

  (b)

  occupies the whole of them.

2 (1) Section 34(1)(a) does not apply if—

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

(b) 20since 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 34(1)(b) does not apply if—

(a) the premises are, or have been, the only or principal home of a
25person 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.

Small premises

3 (1) 30This paragraph applies to anything done by a person in relation to the
disposal, occupation or management of part of small premises if—

(a) the person or a relative of that person resides, and intends to
continue to reside, in another part of the premises, and

(b) the premises include parts (other than storage areas and means of
35access) shared with residents of the premises who are not members
of the same household as the resident mentioned in paragraph (a).

(2) Sections 31(1), 32(1) and 33(1) apply only in so far as they relate to race.

(3) Premises are small if—

(a) the only other persons occupying the accommodation occupied by
40the resident mentioned in sub-paragraph (1)(a) are members of the
same household,

(b) the premises also include accommodation for at least one other
household,

(c) the accommodation for each of those other households is let, or
available for letting, on a separate tenancy or similar agreement, and

(d) the premises are not normally sufficient to accommodate more than
two other households.

(4) 5Premises are also small if they are not normally sufficient to provide
residential accommodation for more than six persons (in addition to the
resident mentioned in sub-paragraph (1)(a) and members of the same
household).

(5) In this paragraph, “relative” means—

(a) 10spouse or civil partner,

(b) unmarried partner,

(c) parent or grandparent,

(d) child or grandchild (whether or not legitimate),

(e) the spouse, civil partner or unmarried partner of a child or
15grandchild,

(f) brother or sister (whether of full blood or half-blood), or

(g) a relative within paragraph (c), (d), (e) or (f) whose relationship
arises as a result of marriage or civil partnership.

(6) In sub-paragraph (5), a reference to an unmarried partner is a reference to
20the other member of a couple consisting of—

(a) a man and a woman who are not married to each other but are living
together as husband and wife, or

(b) two people of the same sex who are not civil partners of each other
but are living together as if they were.

4 (1) 25Section 34(1) does not apply if—

(a) the premises in question are small premises,

(b) the relevant person or a relative of that person resides, and intends
to continue to reside, in another part of the premises, and

(c) the premises include parts (other than storage areas and means of
30access) shared with residents of the premises who are not members
of the same household as the resident mentioned in paragraph (b).

(2) The relevant person is the person who, for the purposes of section 34(1), is—

(a) the controller of the premises, or

(b) the responsible person in relation to the common parts to which the
35premises relate.

(3) “Small premises” and “relative” have the same meaning as in paragraph 3.

5 A Minister of the Crown may by order amend paragraph 3 or 4.