Disability Discrimination Act - what does the new legislation mean for landlords

What does the new legislation mean for tenants?

Part III of the Disability Discrimination Act is due to come into force in October 2004. Landlords need to understand their new responsibilities and to take the necessary precautions now.

How will the Act affect multi-let buildings?
How will the Act affect single-let buildings?
Can a landlord recover its costs from DDA works?

Multi-let Properties
Landlords deemed to be a ’service provider’ may be required to carry out extensive work to the common parts of their multi-let buildings in order to make them accessible to disabled people.

A service provider - in this case - can be defined by whether or not members of the public are permitted to enter a building. For example, if a landlord has an office building, which is used only by employees of the tenants, then it us unlikely that the landlord is regarded as a ’service provider’ as the building does not permit general access to members of the public. Therefore the landlord will not be responsible for carrying out any DDA works for that property.

Single-let Properties
Where a property is single let, liability as a service provider may lie with the tenant and not the landlord.

If a landlord’s entire property is let to one tenant and members of the public have access to that property, then the property is subject to the Act. In this case, it is the tenant who is the service provider and who will be responsible to comply with the legislation and not the landlord.

If the tenant fails to comply with its obligations, then the landlord will be able to take the appropriate action against the tenant, assuming that the lease contains the usual clause obliging the tenant to comply with statutory requirements.

FACTS

Whether the landlord is a service provider in respect of the common parts of a multi-let building is likely to depend upon whether members of the public are permitted to enter the premises.
There appears to be no single test that determines whether a place is one which members of the public are permitted to enter. It is likely to depend on all the circumstances of the case.
Landlords will probably need to assess the nature of their tenants’ business in order to form a view as to whether or not their multi-let buildings are deemed to be accessed by members of the public.
If landlords are in doubt as to whether or not the Act applies but costs are recoverable from the tenants through the service charge provisions, the landlord should perhaps assume it is liable for DDA works to the common parts of the building. However, if tenants feel that the particular building did not require works, they may seek to avoid paying the service charge for such expenditure.