DDB 54 HoDis (National Disabled Persons
Housing Service Ltd)
HoDis
(National Disabled Persons Housing
Service Ltd)
E-mail info@hodis.org.uk
Submission for scrutiny to the
Joint Committee on the Draft Disability Discrimination Bill (Cm
6058)
February 04
Disability Housing issues
for disabled people and landlords/managing agents
Virginia Shaw
Director
HoDis
17 Priory Street
York
YO1 6ET
1. HoDis legitimacy
in disability housing issues
1.1 HoDis (National Disabled
Persons Housing Service Ltd.) is an umbrella organisation representing
the interests of a wide range of agencies and individuals, including
many housing providers. We are an Industrial and Provident Society
with charitable Rules (an exempt charity) and our objective is
to promote improvements in housing resources for disabled people
in the UK. So we consider that we are in a good position to offer
a view that balances the importance for disabled people of having
a home that meets their needs and the legitimate interests of
landlords in the use of their property.
2.1 HoDis welcomes much of the content
of the Disability Discrimination Bill 2004. We are pleased to
note the following key proposals with respect to housing provision:
- extension of the DDA's duties
on those disposing of premises to include a duty to make some
forms of reasonable adjustments
- a duty to take reasonable steps
to provide an 'auxiliary aid or service' which would enable or
make it easier for a disabled person to rent the property or to
facilitate a disabled tenant's enjoyment of the premises.
2.2 However, we take the
view that the Bill does not go far enough with respect to landlords'
duties to permit adaptations where needed by disabled occupants.
3. HoDis concerns:
3.1 The Bill does not implement
the Disability Rights Taskforce recommendation that, in civil
rights legislation, landlords should not be allowed to withhold
consent unreasonably for a disabled person making changes to the
physical features of the premises. The Government (in Towards
Inclusion) originally accepted this recommendation. However they
now appear to reason that this is unnecessary, because the Landlord
and Tenant Act of 1927 already applies.
3.2 Letting of premises
(Part 3, S24)
The DDA 1995 made it unlawful for
landlords and management agents to discriminate against a disabled
person in the way they offer access to services. The current
Bill includes provision to make it unlawful for landlords and
management agents to discriminate against a disabled tenant or
prospective tenant by failing without justification to comply
with the duty to provide reasonable adjustment(s). In addition,
landlords and management agents must take reasonable steps to
change policies, practices and procedures that make it unreasonably
difficult for a disabled person to take a letting or to enjoy
residing at the premises.
3.3 Reasonable Adjustments
[ Part 3, S24C (3-5) and 24G (3-4) ]
Despite the recommendations
of the Disability Rights Task Force and the Government's initial
acceptance of the point, the Bill does not require landlords not
to withhold consent unreasonably for a disabled person to make
changes to physical features of the property. The justification
being given for this volte face is that the Landlord and
Tenant Act 1927 already provides sufficiently for the circumstances.
3.4 Others have argued
(for example, the Disability Rights Commission) why LTA 1927 should
not be regarded as adequate. In summary, it is too complex and
allows too much scope for interpretation in terms of criteria
that weaken the position of the disabled person (for example,
"aesthetic, artistic or sentimental grounds" for refusal
of consent).
3.5 On the other hand,
amending the DDA in line with the DRTF recommendations would have
the following benefits:
- retain use of a reasonableness
test
- promote awareness
of the importance of facilitating access for sabled occupiers
- provide for the issue
of guidance (in a Code of Practice)
- facilitate support
for tenants from the DRC (and others, like HoDis) and
- enable disabled tenants,
in appropriate cases, to claim compensation on the source basis,
as in other cases brought through disability discrimination.
3.6 We, HoDis, consider
that it would be possible to produce guidance for landlords and
managing agents that would clarify the scope of new duties and
prevent their being too onerous on landlords. We suggest a clause
in the Bill so that Regulations can be produced after the Act
has become law.
JVS/HoDis
February 04
|
