Stay on side with equalities act

Yashmin Mistry looks at how to stay on the right side of the law on equalities.

April 8, 2016
by News on the Block Editorial Team
News On the Block

The equalities act 2010 makes it unlawful for any person or company managing or owning premises to discriminate against a disabled person occupying those premises. Once a written request is made, the landlord/manager is under a duty to take reasonable steps to address the matter. Arguably there are three main types of adjustments that apply to residential premises: (1) Auxiliary aids and services, ie the replacement of taps, door handles etc; (2) Policies, procedures and practices; (3) Changes to a lease term.

If a lease term makes it unreasonably difficult or impossible for a disabled person to enjoy the flat or the benefits and facilities in a block, a duty to adjust may arise once a request has been made to make a reasonable adjustment.

The landlord will also need to consider costs. Are the costs of undertaking the “reasonable adjustments” permitted through the service charge? If the costs of undertaking the adjustment can be added to the service charge, would those costs be “reasonable”? What does this mean in general terms? Will landlords be obliged to add ramps to buildings? Not necessarily – however, options have to be examined and design solutions made that will allow reasonable access for disabled tenants and/or visitors. Mostly, this can be done relatively inexpensively and with other benefits. A ramp, for example, can be used by delivery firms and parents with prams.

The leaseholder profile should also be considered. Are they, for instance, mainly of advanced years? Statistics show most people have a 70% chance of acquiring an impairment by the age of 70.

The act recognises situations where apparent less favourable treatment of a disabled person, can be justified.

These are:

  • Health or safety grounds. Less favourable treatment is justifiable if reasonably believed to be necessary so as not to endanger the health or safety of any person, including the disabled person. For example, a refusal to rent a fourth floor flat to a single person with severe mobility problems because of the potential risk in the event of a fire.
  • Incapacity to contract. Less favourable treatment of a disabled person reasonably believed to be incapable of giving informed consent. For example, a refusal to rent a property to a person with learning disabilities who is incapable of understanding their legal obligations.
  • Treatment necessary for the disabled person to use a facility. For example, a landlord could reasonably refuse to allow a disabled tenant with a learning disability to use a shared laundry facilities if the tenant frequently breaks the washing machines because they do not understand the instructions.

Yashmin Mistry is a Partner at JPC Law

 

Read Next Article

Join our mailing list
FREE NOTB email
Get our bi-weekly email packed with the latest articles and events straight to your inbox.

© 2025 News On The Block. All rights reserved.

News on the Block is a trading name of Premier Property Media Ltd.

We use cookies to improve your experience on our site. By using our site you consent cookies.