The 2005 Act amends the Disability Discrimination Act 1995 (The 1995 Act) and sets out new duties for those letting and managing both residential and commercial premises.
The parts of the 2005 Act that impact upon letting and managing premises are expected to come into force in December 2006 although this is only the provisional timescale.
Recap of the 1995 Act
Part II of the 1995 Act came into force on 1 October 2004 making it unlawful for a provider of services (as defined in the 1995 Act) to discriminate against disabled people in the way the services are offered to them. Services includes access to any place that members of the public are allowed to enter e.g. shopping centres, leisure facilities and office areas open to non-employees i.e. effectively most commercial premises.
A service provider is required to make reasonable changes to see that the disabled are not prejudiced in accessing buildings. This may involve removing or altering obstacles.
Click here for further consideration of the 1995 Act.
How has the 2005 Act changed things?
As far as access to buildings is concerned the 2005 Act has little impact. . The 2005 Act extends the definition of disability in the 1995 Act to include people who have some forms of cancer, HIV/AIDS and multiple sclerosis. Probably the adjustments that service providers are already required to make under Part III of the 1995 Act will be sufficient to deal with the requirements of those suffering from these conditions.
Developers should ensure that finished buildings should comply with all relevant current and anticipated legislation since the potential cost of putting right parts of a building constructed in contravention of statutory requirements can be substantial.
Letting commercial and residential premises
Landlords will be affected by the 2005 Act in that they will not be able unreasonably to withhold consent should a disabled tenant wish to make a disability-related alteration to the demised premises. This duty also extends to lawful occupiers. The right overrides any prohibition on alterations in the lease but does not extend to common areas.
The 2005 Act also impacts on landlords and managing agents, known as controllers, of let premises (whether commercial or residential) in that a tenant may request auxiliary aids or services, or seek a change in the controller's practices. Provided that this does not amount to a request for physical alterations, if the controller does not provide the services or change his practices, he may be treated as discriminating against the disabled person. The 2005 Act does not impose an actionable duty on the controller to provide the services.
The type of service to be caught by these provisions is perhaps to provide blind and partially sighted people with contracts in a format they can read, such as large print, audiotape or Braille. Also suggested is a requirement to provide those occupiers who are deaf with special bells and alarms for fire and doorbells. The 2005 Act includes a provision for the Disability Rights Commission to issue codes of practice on consent to improvements.
Further information
For further information go to http://www.disability.gov.uk/legislation/.
Who can help?
If you would like further advice about the 2005 Act please get in touch with your usual contact at plainlaw or Philip Horn on 01865 240202 or e-mail him at philip.horn@plainlaw.co.uk
This edition of “The law made plain” is written to provide you with general information. It is recommended that you seek specific professional advice before taking any action.
© Copyright plainlaw 2005
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