Definition
For the purposes of the Disability Discrimination Act, disability is defined as a physical or mental impairment that has a substantial or long-term adverse effect on a persons ability to carry out normal day-to-day activities.
This definition includes those who have had a disability in the past as well as those who are currently disabled.

Letting or Selling of Land or Property
The Act makes it unlawful for people letting or selling land or property to discriminate against disabled people.
Most premises are covered by the Act and property includes houses, flats, hostels and business premises.
Rooms booked in hotels and guest houses are not covered by this part of the Act but by the part relating to access to goods and services, etc.
A wide range of people and organisations are affected by the Act.

Discrimination

Unlawful Discrimination
When a disabled person is treated less favourably than someone else and such treatment is for a reason related to the persons disability, which does not apply to the other person, and such treatment cannot be justified, it is defined as discrimination.

Unlawful discrimination occurs when a person discriminates in this way by doing one of the following:

• Offering less favourable terms to a disabled person.
• Refusing to sell or let to a disabled person.
• Treating a disabled person differently on lists such as those of Council housing departments or estate agents.
• Offering different facilities to a disabled person.
• Refusing a disabled person access.
• Evicting a disabled person.
• Refusing to give people consent to sub-let to a disabled person.

Victimisation
It is unlawful to victimise disabled people who make use of, or try to make use of, their rights under the Act.
Anyone who helps a disabled person to complain about discrimination is also protected from being victimised.

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Exemptions
Sometimes, it is justifiable to treat disabled people differently from other people.
In these circumstances the provisions of this part of the Act may not apply.
Examples of justifiable circumstances are:

• On health and safety grounds.
• Refusal of access to a facility a shared kitchen, for example if allowing such access stops other persons from using it.
• Giving a disabled person different access to a facility where necessary to allow others to gain access.
• Refusing to rent or sell to a disabled person who is not capable of entering into a legally enforceable agreement or of giving informed consent.

Alterations to Properties
People letting or selling land or property to disabled people do not have to alter the premises in order to make them more accessible. But, if a business, occupying rented property asks the landlord for permission to make the property more accessible, the landlord may not withhold permission unless there are good reasons to do so.

Legal Remedies
A disabled person may take court action, against a person discriminating against him in the sale or letting of land or property, to seek damages to help make up for loss or injury to their feelings.

In England, action can be taken through a county court.

For further information on the Disability Discrimination Act visit the DDA web site at: www.direct.gov.uk

DIAL Disclaimer
Whilst all the information given in this document was correct at the time of going to press, DIAL Doncaster cannot be held responsible for any subsequent changes.

checked 27/04/05

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