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Member - 70 posts
This post has been removed because it contravened our guidelines.
Member - 70 posts
This post has been removed because it contravened our guidelines.
Member - 70 posts
This post has been removed because it contravened our guidelines.
Member - 70 posts
Hi Arthur, I agree, and it's a lacuna in the law that needs to be changed. In 2005, the DDA intoduced new landlord duties and they took effect in 2006. The new duties are to make reasonable adjustments to policies, practices and procedures and to provide auxiliary aids and services for people who are tenants, or potential tenants – to make it easier for them to either be, or become tenants. But, in contrast to the service provision duties, tenants have to ask for adjustments to be made, it's slightly more complex than that, because they don't actually have to ask in so many words. They just have to make it clear that they want the landlord to comply. The Code of Practice is very helpful on this and explains the duties on landlords.
It covers both commercial and residential leases, but the key issue for landlords, is that it doesn't extend to physical features. So it only applies to policies, practices and procedures and the requirement to provide auxiliary aids and services. If a landlord does provide any of these adjustments, they can't charge the tenant directly. There seems to be nothing stopping the landlord putting the cost of the adjustment through a service charge. So if, say, it's an office block with tenants paying a service charge every quarter, the landlord could include in that, if the lease allows, any provisions or any costs that are incurred as a result of complying with the DDA duties. Hope that's helpful.
Member - 4 posts
I carry out a lot of HMO Fre Risk Assessments and landlords do not make their properties disabled accessable therefore I feel they are ignoring the needs of this section of the community.
I can't understand why the tenant would have to pay for alterations or maintenance. Surely the disability Discrimination Act insists that access should be for all?