Stay on side with equalities act

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

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