Sex Discrimination in Housing

The SDA 1975 (‘SDA’) makes it unlawful to directly or indirectly discriminate on grounds of sex (or victimise) in the renting, allocation, management, sub-letting or selling of accommodation. This provision includes accommodation provided by hotels and holiday lets.

There is no express provision prohibiting harassment in the provision of goods, facilities and services, however it would be possible to argue that such treatment constituted direct discrimination. An express provision prohibiting harassment is due to come into force by 21 December 2007.

Exceptions

This provision does not apply to:

A person selling a property which he occupies unless that person uses the services of an estate agent or advertises the sale of the property.
Small properties where the owner or relative lives on the premises and shares part of the accommodation.
Charities and non-profit-making organisations which provide accommodation for one sex only. This would exempt single-sex provision by a housing association.
Communal accommodation such as dormitories or other shared sleeping accommodation can be restricted to one sex for reasons of ‘privacy or decency’ or because of the nature of the sanitary facilities serving that accommodation. This defence will only apply if it is reasonable for such accommodation to be single sex and no alternative can be provided.

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