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713. This Schedule also explains how the duty to make reasonable adjustments in clause 19 |
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applies in relation to “common parts”, for example an entrance hall in a block of flats. These |
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provisions relate specifically to physical features and set out the process that must be followed |
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by the person responsible for the common parts (who is either a landlord or, in the case of |
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commonhold land, the commonhold association) if a disabled tenant or someone on their |
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behalf requests an adjustment. This includes a consultation process with others affected which |
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must be carried out within a reasonable period of the request being made. If the responsible |
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person decides to make an adjustment to avoid the disadvantage to the disabled person, a |
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written agreement must be entered into between them setting out their rights and |
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714. The Schedule also makes it unlawful for a controller or responsible person to |
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victimise a disabled tenant because costs have been incurred in making a reasonable |
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715. This Schedule replaces similar provisions in the Disability Discrimination Act 1995. |
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However, the Bill introduces a new requirement for disability related alterations to the |
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physical features of the common parts of let residential premises or premises owned on a |
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• A housing association would have to consider changing its practice of providing |
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tenants with a history of mental illness with short-term tenancies only so that it can |
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assess their suitability before offering them a longer lease. This might be a reasonable |
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adjustment for the association to make. |
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• A landlord is asked by a disabled tenant to install a ramp to give her easier access to |
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the communal entrance door. The landlord must consult all people he thinks would be |
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affected by the ramp and, if he believes that it is reasonable to provide it, he must enter |
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into a written agreement with the disabled person setting out matters such as |
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responsibility for payment for the ramp. The landlord can insist the tenant pays for the |
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cost of making the alteration. |
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The duty in relation to let premises |
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2 (1) | This paragraph applies where A is a controller of let premises. |
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(2) | A must comply with the first and third requirements. |
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(3) | For the purposes of this paragraph, the reference in section 19(3) to a |
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provision, criterion or practice of A’s includes a reference to a term of the |
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(4) | For those purposes, the reference in section 19(3) or (5) to a disabled person |
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is a reference to a disabled person who— |
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(a) | is a tenant of the premises, or |
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(b) | is otherwise entitled to occupy them. |
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(5) | In relation to each requirement, the relevant matters are— |
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(a) | the enjoyment of the premises; |
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(b) | the use of a benefit or facility, entitlement to which arises as a result |
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(6) | Sub-paragraph (2) applies only if A receives a request from or on behalf of |
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the tenant or a person entitled to occupy the premises to take steps to avoid |
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the disadvantage or provide the auxiliary aid. |
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(7) | If a term of the letting that prohibits the tenant from making alterations puts |
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the disabled person at the disadvantage referred to in the first requirement, |
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A is required to change the term only so far as is necessary to enable the |
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tenant to make alterations to the let premises so as to avoid the |
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(8) | It is never reasonable for A to have to take a step which would involve the |
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removal or alteration of a physical feature. |
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(9) | For the purposes of this paragraph, physical features do not include |
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furniture, furnishings, materials, equipment or other chattels in or on the |
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premises; and none of the following is an alteration of a physical feature— |
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(a) | the replacement or provision of a sign or notice; |
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(b) | the replacement of a tap or door handle; |
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(c) | the replacement, provision or adaptation of a door bell or door entry |
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(d) | changes to the colour of a wall, door or any other surface. |
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(10) | The terms of a letting include the terms of an agreement relating to it. |
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The duty in relation to premises to let |
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3 (1) | This paragraph applies where A is a controller of premises to let. |
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(2) | A must comply with the first and third requirements. |
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(3) | For the purposes of this paragraph, the reference in section 19(3) or (5) to a |
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disabled person is a reference to a disabled person who is considering taking |
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a letting of the premises. |
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(4) | In relation to each requirement, the relevant matter is becoming a tenant of |
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(5) | Sub-paragraph (2) applies only if A receives a request by or on behalf of a |
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disabled person within sub-paragraph (3) for A to take steps to avoid the |
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disadvantage or provide the auxiliary aid. |
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(6) | Nothing in this paragraph requires A to take a step which would involve the |
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removal or alteration of a physical feature. |
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(7) | Sub-paragraph (9) of paragraph 2 applies for the purposes of this paragraph |
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as it applies for the purposes of that paragraph. |
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The duty in relation to commonhold units |
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4 (1) | This paragraph applies where A is a commonhold association; and the |
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reference to a commonhold association is a reference to the association in its |
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capacity as the person who manages a commonhold unit. |
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(2) | A must comply with the first and third requirements. |
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(3) | For the purposes of this paragraph, the reference in section 19(3) to a |
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provision, criterion or practice of A’s includes a reference to— |
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(a) | a term of the commonhold community statement, or |
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(b) | any other term applicable by virtue of the transfer of the unit to the |
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(4) | For those purposes, the reference in section 19(3) or (5) to a disabled person |
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is a reference to a disabled person who— |
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(a) | is the unit-holder, or |
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(b) | is otherwise entitled to occupy the unit. |
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(5) | In relation to each requirement, the relevant matters are— |
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(a) | the enjoyment of the unit; |
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(b) | the use of a benefit or facility, entitlement to which arises as a result |
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of a term within sub-paragraph (3)(a) or (b). |
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(6) | Sub-paragraph (2) applies only if A receives a request from or on behalf of |
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the unit-holder or a person entitled to occupy the unit to take steps to avoid |
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the disadvantage or provide the auxiliary aid. |
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(7) | If a term within sub-paragraph (3)(a) or (b) that prohibits the unit-holder |
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from making alterations puts the disabled person at the disadvantage |
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referred to in the first requirement, A is required to change the term only so |
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far as is necessary to enable the unit-holder to make alterations to the unit so |
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as to avoid the disadvantage. |
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(8) | It is never reasonable for A to have to take a step which would involve the |
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removal or alteration of a physical feature; and sub-paragraph (9) of |
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paragraph 2 applies in relation to a commonhold unit as it applies in relation |
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The duty in relation to common parts |
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5 (1) | This paragraph applies where A is a responsible person in relation to |
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(2) | A must comply with the second requirement. |
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(3) | For the purposes of this paragraph, the reference in section 19(4) to a |
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physical feature is a reference to a physical feature of the common parts. |
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(4) | For those purposes, the reference in section 19(4) to a disabled person is a |
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reference to a disabled person who— |
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(a) | is a tenant of the premises, |
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(b) | is a unit-holder or, in Scotland, an owner of the premises, or |
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(c) | is otherwise entitled to occupy the premises, |
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| and uses or intends to use the premises as the person’s only or main home. |
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(5) | In relation to the second requirement, the relevant matter is the use of the |
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(6) | Sub-paragraph (2) applies only if— |
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(a) | A receives a request by or on behalf of a disabled person within sub- |
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paragraph (4) for A to take steps to avoid the disadvantage, and |
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(b) | the steps requested are likely to avoid or reduce the disadvantage. |
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Consultation on adjustments relating to common parts |
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6 (1) | In deciding whether it is reasonable to take a step for the purposes of |
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paragraph 5, A must consult— |
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(a) | in relation to a tenement in Scotland, all persons entitled to occupy |
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premises owned by A within the tenement; |
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(b) | in any other case, all persons A thinks would be affected by the step. |
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(2) | The consultation must be carried out within a reasonable period of the |
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(3) | A is not required to have regard to a view expressed against taking a step in |
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so far as A reasonably believes that the view is expressed because of the |
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disabled person’s disability. |
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(4) | Nothing in this paragraph affects anything a commonhold association is |
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required to do pursuant to Part 1 of the Commonhold and Leasehold Reform |
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Agreement on adjustments relating to common parts |
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7 (1) | If A decides that it is reasonable to take a step for the purposes of paragraph |
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5, A and the disabled person must agree in writing the rights and |
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responsibilities of each of them in relation to the step. |
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(2) | An agreement under this paragraph must, in particular, make provision as |
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to the responsibilities of the parties in relation to— |
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(a) | the costs of any work to be undertaken; |
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(b) | other costs arising from the work; |
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(c) | the restoration of the common parts to their former condition if the |
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relevant disabled person stops living in the premises. |
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(3) | It is always reasonable before the agreement is made for A to insist that the |
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agreement should require the disabled person to pay— |
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(a) | the costs referred to in paragraphs (a) and (b) of sub-paragraph (2), |
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(b) | the costs of the restoration referred to in paragraph (c) of that sub- |
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