As of 28 July 2021, age discrimination in relation to the disposal and management of premises in Jersey has been prohibited under the Discrimination Law.
Previously, residential tenants could be refused a rental property if they had children under the age of 18.
Following a period of consultation earlier in 2021 and a recent States Assembly debate, the amendment to the Discrimination (Jersey) Law 2013 means that those offering residential premises will risk a claim of age discrimination if they refuse to let or sell premises on the basis that a tenant or prospective occupier has responsibility for a child (or children) under the age of 18 who would be living with them some or all of the time .
The change to the law also means that those who market residential properties, such as estate agents or property management companies, would discriminate if they refuse to provide details of or show such properties, to prospective occupiers who have children.
Exceptions are made for properties where age can be considered, including residential care homes, tourist accommodation and premises that are reserved or intended for people in a particular age group. In addition, those selling or renting residential premises will be able to take account of health and safety hazards when considering whether it is reasonable for the property to be occupied by children.
The law will also be extended to protect against discrimination in marketing materials and promotional activities for premises. This will apply to discrimination on all grounds – namely:
- age;
- race;
- disability;
- sex;
- sexual orientation;
- pregnancy and maternity; and
- gender reassignment.
For further information on this topic please contact Jonathan Hughes, Helen Ruelle, Katharine Marshall or Will Austin-Vautier at Ogier by telephone (+44 1534 514000) or email ([email protected], [email protected], [email protected] or [email protected]). The Ogier website can be accessed at www.ogier.com.
Laura Shirreffs, senior associate, and Kate Morel, senior paralegal, contributed to the preparation of this article.