Fact
File
PainSmith
Solicitors Legal Update 10 July 2006
Implementation
of The Disability Discrimination Act 2005
The
Statutory Instruments implementing the Disability Discrimination
Act 2005 (DDA) in respect of rented accommodation have now
been laid before Parliament. The Disability Discrimination
(Premises) Regulations 2006 confirm that these provisions
will come into force as from 4 December 2006 and provide
further clarification of how the Act will be implemented
in respect of residential premises.
As
has been discussed in previous updates the DDA will change
the onus for making adjustments and move it more fully onto
the shoulders of the landlord. The tenant will now be entitled
to request adjustments to the Premises or to working practices
and it will be for the landlord to:
The
Regulations clarify the position over the nature of requests
that can be made. As previously discussed (see update dated
07 October 2005) physical alterations to the premises or
to its fixtures and fittings are not reasonable. It is also
unreasonable to request any alterations that would cause
the addition of something that would become a fixture once
it as added. Therefore, grab handles in bathrooms would
not be reasonable as they would become a fixture once they
ere installed. However, any request to alter door handles,
doorbells, taps, or the colour of surfaces will be considered
reasonable. Requests for alterations to furniture or other
removable items or for alterations to working practices
also continue to be reasonable.
In
circumstances where the lease specifically prohibits an
adjustment it will be reasonable for the landlord to have
to make changes to terms in a tenancy agreement to allow
for the landlord or tenant to make those adjustments here
they would permit the disabled person to make use of a facility
or service. In altering terms the landlord may impose reasonable
conditions such as a requirement for the disabled person
to restore the premises at the end of the tenancy. Where
a landlord's head lease prevents alterations the landlord
must make reasonable efforts to have that head lease altered.
Surprisingly
the Regulations authorise discrimination against disabled
persons over the matter of deposits (Regulation 3). They
allow a landlord to withhold portions of a disabled persons
deposit here they have caused damage to the property due
to the nature of their disability and that damage is beyond
the level at which the landlord would normally withhold
monies. As always the amount withheld must be fair and reasonable
in all the circumstances.
If
you require further in formation the regulations are available
in full at http://
.opsi.gov.uk/si/si2006/20060887.htm.
Dr
David Smith is a trainee solicitor with PainSmith Solicitors,
a niche practice specialising in residential landlord and
tenant law. He can be contacted on 01420 565310 or by email
at david@painsmith.co.uk. If
you wish to subscribe to the free legal updates service
then you should email update@painsmith.co.uk
with the phrase "subscribe updates" in the subject of the
email.
PainSmith
Solicitors Legal Updates are provided for information only
and are not legal advice. If you do have a legal problem,
you should talk to a lawyer or adviser before making a decision
about what to do. You may wish to use the CLS/CDS Directory
(www.justask.org.uk/public/en/directory)
to locate an adviser. The information provided here is written
for people resident in, or affected by, the laws of England
and Wales only. You should note that date given in the update
and be aware that the information given may become inaccurate
due to changes in the law or its implementation.
©PainSmith
Solicitors
*
PainSmith Solicitors are a niche practice
specialising in Landlord and Tenant Law. Based in Medstead
in Hampshire, they are ideally situated to provide an efficient
service to clients nationwide as well as those based in
Central London and the Home Counties.
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