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Disability
Discrimination Act 1995
The
Disability Discrimation Act came into force in 1995 with the
objective to end the discrimination which many disabled people
face in their everyday lives. Since it's introduction additions
to the Act have put greater pressure on companies to open
their doors to the UK's 10 million disabled people.
By
October 2004 all service providers had to have made made reasonable
adjustments to physical features of their premises to overcome
physical barriers to access of the premises. Examples are:Putting
in a ramp to replace steps providing larger, well defined
signs for people with a visual impairment improving access
to toilet or washing facilities.
In
April 2005 a new Disability Discrimination Act was passed
by Parliament, which amends or extends existing provisions
in the DDA 1995, including:
-
making
it unlawful for operators of transport vehicles to discriminate
against disabled people
-
making
it easier for disabled people to rent property and for
tenants to make disability-related adaptations
-
making
sure that private clubs with 25 or more members cannot
keep disabled people out, just because they have a disability
-
extending
protection to cover people who have HIV, cancer and multiple
sclerosis from the moment they are diagnosed
-
ensuring
that discrimination law covers all the activities of the
public sector
-
requiring
public bodies to promote equality of opportunity for disabled
people
Rental
Properties in the private sector - Disability Discrimination
Act 2005
Legislation came into force on the 6th December 2006 aimed
specifically at the services connected to the provision of
housing in the private rented sector as well as issues relating
to the property itself. The relevent clauses of the Act are
in Chapter 13, section 13, clauses 24(a) to 24(k)
The
Disability Discrimination Act 1995 (DDA), as amended by the
Disability Discrimination Act 2005 (DDA 2005), exists to stop
discrimination against disabled people in the United Kingdom.
It gives disabled people new rights in the areas of employment,
property and access to goods, facilities and services
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SEE
ALSO 
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The
Disability Discrimination Act 2005 (DDA 2005) - PainSmith
Legal Update 07 October 2005*
The
Disability Discrimination Act 2005 (DDA 2005) changes
the way that landlords and their agents will be required to
react to disabled tenants. While much of these changes do
little to alter the fundamental requirement for the landlord
to respond positively to “reasonable” requests they do shift
the burden somewhat in both evidence and monetary terms.
Currently
landlords are required to consider 'reasonable' requests to
make alterations to a property in order to make life easier
for a disabled occupant. Provided these requests are indeed
'reasonable' the landlord should accept them on the understanding
that the tenant will pay for alterations. Ultimately this
may largely be to the landlord's benefit as they will have
the use of any such alterations after the tenant leaves, meaning
that they have access to a wider rental market.
This
though is now subject to change. The amendments contained
within the DDA 2005 codify more precisely what is and is not
a reasonable request and they, to some extent, broaden this
beyond mere physical alterations to the premises. They also
change the burden of proof in that previously tenants were
required to demonstrate that their landlord had been unreasonable
whereas it is now the case that landlords are required to
show that it is the tenants' request that are unreasonable.
They also place the onus on paying for such improvements squarely
on the shoulders of the landlord rather than on the tenant.
The
Disability Rights Commission (DRC) has published a consultantion
document available on their website at www.drc-gb.org
part of which gives their interpretation of the new rules
as they apply to private landlords. While this is a consultation
and there is still a certain amount of regulation. Read
the full
Legal update here
The
free Adobe Acrobat Reader is available to download direct
from Adobe by following the link.
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Disability
Discrimination Act 1995 - Disability
Discrimination Act and Stairs - PainSmith*
Solicitors Legal Update 23 May 2007
A
recent case before the court of Appeal has clarified the
position regarding the Disability Discrimination Act (DDA)
and it application to residential premises.
In
the case of Richmond Court (Swansea) Ltd v Dorothy Williams
the Court of Appeal was asked to consider whether Richmond
Court had discriminated against Mrs Williams by refusing
consent for her to install a stairlift. Mrs Williams is
the owner of a long leasehold of a third floor flat but,
at 81 years old, she has had increasing difficulty negotiating
stairs. She asked her immediate landlord for permission
to install a stairlift in the common stairwell to assist
with her mobility problems which was to be paid for entirely
by a Local Authority grant.
Permission
was refused even though Richmond Court's head landlord had
no objection to the stairlift being installed. The first
judge concluded that discrimination had occurred and this
was appealed to the Court of Appeal. In concluding that
no discrimination had occurred the Court of Appeal raised
some very important points.
The
first of these relates to the duties required in regard
to property under the DDA. An employer is under a positive
duty under the DDA to make physical adjustments to work
premises where a physical feature puts a disabled person
at a disadvantage. The same is not true of residential property.
Just because an individual is disadvantaged by some aspect
of a property there is not an automatic duty to make adjustments
except for certain minor auxiliary features such as furnishings
or door handles.
This
difference in the legislation attracted sharp commentary
from the Court of Appeal and has been the subject of some
criticism in commentary on this case. See for example "The
Legislation Should Raise Its Game" Estates Gazette, 10 February
2007.
The
second point made by the Court was a criticism of the Judge
who initially heard the case and the way he had reasoned
his decision. Usefully, though the Court set out a 5 stage
test which should be used when deciding if there has been
discrimination:
- Identify
the treatment that is alleged to constitute discrimination
- Identify
the reason for that treatment
- Determine
if the reason relates to the person's disability
-
Identify comparable persons to whom the reason does not
apply
- Identify
if the treatment is less favourable than that accorded
to comparable persons
It
was because the treatment of Richmond Court of Mrs Williams
did not satisfy all of these tests that the Court of Appeal
concluded that she had not been discriminated against. Specifically,
Richmond Court made clear that no person, whatever the reason,
would ever be allowed to install a stair lift in the property
and, as this was not challenged by Mrs Williams, there was
clearly no discrimination in this matter.
The
full judgement of the Court of Appeal in this matter can
be found at http://www.bailii.org/ew/cases/EWCA/Civ/2006/1719.html.
Dr David Smith is a trainee solicitor with PainSmith Solicitors,
a niche practice specialising in residential landlord and
tenant law. He can be contacted on 01420 565310 or by email
at david@painsmith.co.uk.
PainSmith
Solicitors Legal Updates are provided for information only
and are not legal advice. If you do have a legal problem,
you should talk to a lawyer or adviser before making a decision
about what to do. You may wish to use the CLS/CDS Directory
(www.justask.org.uk/public/en/directory) to locate an adviser.
The information provided here is written for people resident
in, or affected by, the laws of England and Wales only.
You should note that date given in the update and be aware
that the information given may become inaccurate due to
changes in the law or its implementation.
____________________________________________
*
PainSmith Solicitors are a niche practice specialising in
Landlord and Tenant Law. Based in Medstead in Hampshire,
they are ideally situated to provide an efficient service
to clients nationwide as well as those based in Central
London and the Home Counties.
________________________________
*See
also Section 13 Notices and Is the deal closed? The
use of the 'Subject to Contract' formula- For
full article Click
Here
________________________________
*See
also Safety Glass and Defective Premises Act - The
Information on a Court of Appeal decision (7th February 2007)
regarding the Defective Premises Act 1972 For full article
Click
Here
________________________________
*See
also Implementation of the Regulatory Reform (Fire Safety)
England & wales) Order 2005 Click
Here
________________________________
*See
also Energy Performance Certificates
in Let Property - 29
January 2008 Click
Here
________________________________
*
Articles
courtesy of PainSmith
Solicitors are a niche practice specialising in Landlord and
Tenant Law. Based in Medstead in Hampshire, they are ideally
situated to provide an efficient service to clients nationwide
as well as those based in Central London and the Home Counties.
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