Memorandum from HoDis (National Disabled
Persons Housing Service Ltd) (DDB 54)
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; and
— 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 disabled 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.
February 2004
| 
