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The good news for small private
landlords is that they won’t be
expected to make the same changes as
large housing associations. For
example, it would not be considered
reasonable for a landlord to install
a lift in a house containing only a
few flats whereas a major developer
with a large block of flats may well
be expected to do so.
However, that doesn’t mean the
private landlord can relax and
imagine the regulations don’t apply
to him. There may be many
adjustments considered reasonable
even for the smallest of enterprises
to tackle. Some of the examples
mentioned in guidelines issued by
the Disability Rights Commission
include dealing with steps,
stairways, kerbs, building entrances
and exits (including emergency
escape routes) and toilet and
washing facilities.
Again there are guidelines in
assessing what is reasonable in
these circumstances and landlords
won’t necessarily have to go ripping
out stairs or making expensive
wholesale alterations. The factors
for landlords to take into account
when considering what is reasonable
are the same as for other areas of
the Disability Discrimination Act.
For example, would any particular
action be effective in helping
disabled people gain access? How
much would it cost and would it be
practicable to make such
alterations? How much disruption
might be caused by remedial work and
would it be prohibitive? How much
money has already been spent making
adjustments and is there any
financial assistance available?
Each case must be taken on its merit
and will be determined by the
individual circumstances. However,
it is possible to present basic
principles. There is no statutory
obligation on landlords to remove or
alter physical features to make
their property suitable for a
disabled tenant. But if an existing
or potential tenant were to ask for
some basic aids or services to make
the premises habitable for them then
the landlord would have to take
reasonable steps to provide them at
his own expense or risk breaking the
law.
Such changes would be unlikely to
involve having to go so far as to
install a purpose built walk-in
bathroom but they could well oblige
the landlord to provide a handrail.
There could also be issues about
lowering steps or changing door
handles to make the building more
user-friendly for people with
wheelchairs.
In the light of these changes it is
obvious that no landlord can include
in the tenancy agreement terms that
would prevent or make it difficult
for a disabled person to use the
premises.
There are many complicated grey
areas in the Act and landlords ought
to seek legal advice before making
long term decisions. Failing to make
necessary adjustments could result
in breaking the law. On the other
hand, being panicked into making
changes beyond what the Act would
considerable reasonable could lead
to thousands of pounds being wasted
unnecessarily.
Emma Dancer is a Solicitor at
Andersons Solicitors and can be
contacted on 0115 988 6722 or email
Emma Dancer
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