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 information, 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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