Disability discrimination alert for buy-to-let landlords

Many buy-to-let landlords are surprised to discover that they will be affected by regulations in the Disability Discrimination Act 2005 which come into force in December. Commercial property lawyer Emma Dancer of Andersons solicitors in Nottingham outlines the new responsibilities.

Nearly all businesses and service providers are affected by the Disability Discrimination Act which makes it illegal to discriminate against people on the grounds of disability.

So far most of the attention has focussed on how this applies to large companies such as hotels, shops and restaurants, but the changes also affect private landlords, even those with only one property to let. Under the regulations, a landlord will be required to make reasonable adjustments to the way services are provided for disabled people. This will include being prepared to alter the physical features of premises to avoid barriers to access.

The question then becomes what is reasonable. There is no definitive answer and the term is intended to be flexible to allow different solutions depending on the circumstances of each case. The meaning of reasonable may vary depending on the type of services offered and the nature of the service provider and the extent of its resources.

The good news for small private landlords is that they won’t be expected to make the same changes as large housing associations. For example, it would not be considered reasonable for a landlord to install a lift in a house containing only a few flats whereas a major developer with a large block of flats may well be expected to do so.

However, that doesn’t mean the private landlord can relax and imagine the regulations don’t apply to him. There may be many adjustments considered reasonable even for the smallest of enterprises to tackle. Some of the examples mentioned in guidelines issued by the Disability Rights Commission include dealing with steps, stairways, kerbs, building entrances and exits (including emergency escape routes) and toilet and washing facilities.

Again there are guidelines in assessing what is reasonable in these circumstances and landlords won’t necessarily have to go ripping out stairs or making expensive wholesale alterations. The factors for landlords to take into account when considering what is reasonable are the same as for other areas of the Disability Discrimination Act. For example, would any particular action be effective in helping disabled people gain access? How much would it cost and would it be practicable to make such alterations? How much disruption might be caused by remedial work and would it be prohibitive? How much money has already been spent making adjustments and is there any financial assistance available?

Each case must be taken on its merit and will be determined by the individual circumstances. However, it is possible to present basic principles. There is no statutory obligation on landlords to remove or alter physical features to make their property suitable for a disabled tenant. But if an existing or potential tenant were to ask for some basic aids or services to make the premises habitable for them then the landlord would have to take reasonable steps to provide them at his own expense or risk breaking the law.

Such changes would be unlikely to involve having to go so far as to install a purpose built walk-in bathroom but they could well oblige the landlord to provide a handrail. There could also be issues about lowering steps or changing door handles to make the building more user-friendly for people with wheelchairs.

In the light of these changes it is obvious that no landlord can include in the tenancy agreement terms that would prevent or make it difficult for a disabled person to use the premises.
There are many complicated grey areas in the Act and landlords ought to seek legal advice before making long term decisions. Failing to make necessary adjustments could result in breaking the law. On the other hand, being panicked into making changes beyond what the Act would considerable reasonable could lead to thousands of pounds being wasted unnecessarily.
Emma Dancer is a Solicitor at Andersons Solicitors and can be contacted on 0115 988 6722 or email edancer@andersonssolicitors.co.uk

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