Leases / Equality Act 2010 / Guide Dogs

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    Leases / Equality Act 2010 / Guide Dogs

    Dear All

    Lease prohibits animals completely with no mention of guide dogs.

    Tenant (social housing association) wishes to sub-let their property to a blind person who has a guide dog.

    Equality Act 2012 prevents discrimination against individuals on the basis of disability, race, age etc.

    Prohibition of animals does not discriminate against blind people as it applies to all tenants and sub-tenants.

    I suppose the issue lies in that if the potential sub-tenant wasnt blind they wouldnt have a dog and therefore the it is purely on the basis of disability that the sub-tenant is being refused the tenancy which is in breach of the Equality Act 2010.

    Any thoughts/experience in this matter?

    MCPH

    #2
    They are now generally referred to as a working, assistance or service dog. Yes there is still a Guide Dogs for the Blind

    Leases restricting pets are therefore inapplicable and those restricting animals, whether by consent or prohibition are pretty much demolished by the EA ( assuming it's not an exempt property).

    It's not about the having a dog or not, but that enforcing the terms of the lease would be treatment that, through the consequences it would have, would be unequal. I suggest an exchange of letters that simply and only refers to certain behaviours that are expected ( which too must not result in unequal treatment).
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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      #3
      LHA - you mirror my thoughts on this matter. I suppose I was playing Devil's advocate a little to spark debate and try to uncover any previous experience in this scenario.

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