House of Commons portcullis
House of Commons
Session 2008 - 09
Internet Publications
Other Bills before Parliament

(51-57)


 


Schedule 4 — Premises: reasonable adjustments

 
 

713. This Schedule also explains how the duty to make reasonable adjustments in clause 19

applies in relation to “common parts”, for example an entrance hall in a block of flats. These

provisions relate specifically to physical features and set out the process that must be followed

by the person responsible for the common parts (who is either a landlord or, in the case of

commonhold land, the commonhold association) if a disabled tenant or someone on their

behalf requests an adjustment. This includes a consultation process with others affected which

must be carried out within a reasonable period of the request being made. If the responsible

person decides to make an adjustment to avoid the disadvantage to the disabled person, a

written agreement must be entered into between them setting out their rights and

responsibilities.

714. The Schedule also makes it unlawful for a controller or responsible person to

victimise a disabled tenant because costs have been incurred in making a reasonable

adjustment.

Background

715. This Schedule replaces similar provisions in the Disability Discrimination Act 1995.

However, the Bill introduces a new requirement for disability related alterations to the

physical features of the common parts of let residential premises or premises owned on a

commonhold basis.

Examples

• A housing association would have to consider changing its practice of providing

tenants with a history of mental illness with short-term tenancies only so that it can

assess their suitability before offering them a longer lease. This might be a reasonable

adjustment for the association to make.

• A landlord is asked by a disabled tenant to install a ramp to give her easier access to

the communal entrance door. The landlord must consult all people he thinks would be

affected by the ramp and, if he believes that it is reasonable to provide it, he must enter

into a written agreement with the disabled person setting out matters such as

responsibility for payment for the ramp. The landlord can insist the tenant pays for the

cost of making the alteration.

E163


 


Schedule 4 — Premises: reasonable adjustments

 
 

The duty in relation to let premises

2     (1)  

This paragraph applies where A is a controller of let premises.

      (2)  

A must comply with the first and third requirements.

      (3)  

For the purposes of this paragraph, the reference in section 19(3) to a

provision, criterion or practice of A’s includes a reference to a term of the

letting.

      (4)  

For those purposes, the reference in section 19(3) or (5) to a disabled person

is a reference to a disabled person who—

(a)   

is a tenant of the premises, or

(b)   

is otherwise entitled to occupy them.

      (5)  

In relation to each requirement, the relevant matters are—

(a)   

the enjoyment of the premises;

(b)   

the use of a benefit or facility, entitlement to which arises as a result

of the letting.

      (6)  

Sub-paragraph (2) applies only if A receives a request from or on behalf of

the tenant or a person entitled to occupy the premises to take steps to avoid

the disadvantage or provide the auxiliary aid.

      (7)  

If a term of the letting that prohibits the tenant from making alterations puts

the disabled person at the disadvantage referred to in the first requirement,

A is required to change the term only so far as is necessary to enable the

tenant to make alterations to the let premises so as to avoid the

disadvantage.

      (8)  

It is never reasonable for A to have to take a step which would involve the

removal or alteration of a physical feature.

      (9)  

For the purposes of this paragraph, physical features do not include

furniture, furnishings, materials, equipment or other chattels in or on the

premises; and none of the following is an alteration of a physical feature—

(a)   

the replacement or provision of a sign or notice;

(b)   

the replacement of a tap or door handle;

(c)   

the replacement, provision or adaptation of a door bell or door entry

system;

(d)   

changes to the colour of a wall, door or any other surface.

     (10)  

The terms of a letting include the terms of an agreement relating to it.

The duty in relation to premises to let

3     (1)  

This paragraph applies where A is a controller of premises to let.

      (2)  

A must comply with the first and third requirements.

      (3)  

For the purposes of this paragraph, the reference in section 19(3) or (5) to a

disabled person is a reference to a disabled person who is considering taking

a letting of the premises.

      (4)  

In relation to each requirement, the relevant matter is becoming a tenant of

the premises.

163


 

EXPLANATORY NOTES

 
 

E164


 


Schedule 4 — Premises: reasonable adjustments

 
 

      (5)  

Sub-paragraph (2) applies only if A receives a request by or on behalf of a

disabled person within sub-paragraph (3) for A to take steps to avoid the

disadvantage or provide the auxiliary aid.

      (6)  

Nothing in this paragraph requires A to take a step which would involve the

removal or alteration of a physical feature.

      (7)  

Sub-paragraph (9) of paragraph 2 applies for the purposes of this paragraph

as it applies for the purposes of that paragraph.

The duty in relation to commonhold units

4     (1)  

This paragraph applies where A is a commonhold association; and the

reference to a commonhold association is a reference to the association in its

capacity as the person who manages a commonhold unit.

      (2)  

A must comply with the first and third requirements.

      (3)  

For the purposes of this paragraph, the reference in section 19(3) to a

provision, criterion or practice of A’s includes a reference to—

(a)   

a term of the commonhold community statement, or

(b)   

any other term applicable by virtue of the transfer of the unit to the

unit-holder.

      (4)  

For those purposes, the reference in section 19(3) or (5) to a disabled person

is a reference to a disabled person who—

(a)   

is the unit-holder, or

(b)   

is otherwise entitled to occupy the unit.

      (5)  

In relation to each requirement, the relevant matters are—

(a)   

the enjoyment of the unit;

(b)   

the use of a benefit or facility, entitlement to which arises as a result

of a term within sub-paragraph (3)(a) or (b).

      (6)  

Sub-paragraph (2) applies only if A receives a request from or on behalf of

the unit-holder or a person entitled to occupy the unit to take steps to avoid

the disadvantage or provide the auxiliary aid.

      (7)  

If a term within sub-paragraph (3)(a) or (b) that prohibits the unit-holder

from making alterations puts the disabled person at the disadvantage

referred to in the first requirement, A is required to change the term only so

far as is necessary to enable the unit-holder to make alterations to the unit so

as to avoid the disadvantage.

      (8)  

It is never reasonable for A to have to take a step which would involve the

removal or alteration of a physical feature; and sub-paragraph (9) of

paragraph 2 applies in relation to a commonhold unit as it applies in relation

to let premises.

The duty in relation to common parts

5     (1)  

This paragraph applies where A is a responsible person in relation to

common parts.

      (2)  

A must comply with the second requirement.

      (3)  

For the purposes of this paragraph, the reference in section 19(4) to a

physical feature is a reference to a physical feature of the common parts.

164


 

EXPLANATORY NOTES

 
 

E165


 


Schedule 4 — Premises: reasonable adjustments

 
 

      (4)  

For those purposes, the reference in section 19(4) to a disabled person is a

reference to a disabled person who—

(a)   

is a tenant of the premises,

(b)   

is a unit-holder or, in Scotland, an owner of the premises, or

(c)   

is otherwise entitled to occupy the premises,

           

and uses or intends to use the premises as the person’s only or main home.

      (5)  

In relation to the second requirement, the relevant matter is the use of the

common parts.

      (6)  

Sub-paragraph (2) applies only if—

(a)   

A receives a request by or on behalf of a disabled person within sub-

paragraph (4) for A to take steps to avoid the disadvantage, and

(b)   

the steps requested are likely to avoid or reduce the disadvantage.

Consultation on adjustments relating to common parts

6     (1)  

In deciding whether it is reasonable to take a step for the purposes of

paragraph 5, A must consult—

(a)   

in relation to a tenement in Scotland, all persons entitled to occupy

premises owned by A within the tenement;

(b)   

in any other case, all persons A thinks would be affected by the step.

      (2)  

The consultation must be carried out within a reasonable period of the

request being made.

      (3)  

A is not required to have regard to a view expressed against taking a step in

so far as A reasonably believes that the view is expressed because of the

disabled person’s disability.

      (4)  

Nothing in this paragraph affects anything a commonhold association is

required to do pursuant to Part 1 of the Commonhold and Leasehold Reform

Act 2002.

Agreement on adjustments relating to common parts

7     (1)  

If A decides that it is reasonable to take a step for the purposes of paragraph

5, A and the disabled person must agree in writing the rights and

responsibilities of each of them in relation to the step.

      (2)  

An agreement under this paragraph must, in particular, make provision as

to the responsibilities of the parties in relation to—

(a)   

the costs of any work to be undertaken;

(b)   

other costs arising from the work;

(c)   

the restoration of the common parts to their former condition if the

relevant disabled person stops living in the premises.

      (3)  

It is always reasonable before the agreement is made for A to insist that the

agreement should require the disabled person to pay—

(a)   

the costs referred to in paragraphs (a) and (b) of sub-paragraph (2),

and

(b)   

the costs of the restoration referred to in paragraph (c) of that sub-

paragraph.

165


 


Schedule 4 — Premises: reasonable adjustments

 
 

Schedule 5: Premises: exceptions

Effect

716. This Schedule sets out limited exceptions to the prohibitions on discrimination and

harassment contained in the premises provisions in Part 3 of the Bill.

717. The first exception applies where a person who owns and lives in a property disposes

of all or part of it privately (for example by selling, letting or subletting) without using the

services of an estate agent, or publishing an advertisement.

E166


 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 24 April 2009