Partner Article

Private landlords and disability discrimination

With Watson Burton LLP Law Firm

The government has introduced measures against the discrimination of disabled persons with the introduction of the Disability Discrimination Act 1995 which was later strengthened by the Disability Discrimination Act 2005. The effect of these Acts upon private rented property differs significantly from the duties which are imposed in relation to employment, education and transport. In contrast to these areas, the legislation does not impose a positive duty upon landlords obliging them to make physical adjustments to property for disabled persons.

The duties affecting private rented properties were recently highlighted under the 1995 Act in the case of William –v– Richmond Court (Swansea) Ltd (2007).

Mrs Williams, an 81 year old lady with mobility problems, was living in a third floor flat accessible only by stairs. The stairs formed the common parts of the building, over which all tenants had a right of way and contributed to repair and upkeep. In 1993, Mrs Williams’ occupational therapist recommended that a stair lift be installed from the ground floor to aid her. A mobility grant was available to Mrs Williams to cover the costs of these works. The landlord, Richmond Court, refused to consent to the installation of a stair lift which resulted in Mrs Williams commencing proceedings under the 1995 Act, alleging that her landlord had discriminated against her in their decision.

Mrs Williams relied upon s.22(3) of the 1995 Act which provides that a person who manages premises must not discriminate against a disabled occupier, whether in the way benefits and facilities are provided or by refusing a disabled person access to a particular benefit or facility. The Act states that a person discriminates against a disabled person if, “for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply” and if such treatment cannot be justified.

The Court of Appeal ruled:

The allegation of discrimination was founded on the landlord’s refusal to make the alterations rather than that Mrs Williams not being able to access the stairwell; and
The 1995 Act stops short of requiring landlords to take positive steps and carry out physical alterations.

The reasons set out by the landlord (which were not challenged) were various, including a vote against it by the existing tenants, aesthetics, the cost of repair, inconvenience to other tenants and noise and disturbance to existing tenants. The Court was satisfied that the landlord’s reasoning was broadly based and did not suggest unequal or less favourable treatment of Mrs Williams due to her disability. The key point for the Court was not whether the decision was detrimental to the tenant who has a disability, but whether the decision would have been more favourable if a different tenant (without that disability) had made the request.

Even after the introduction of the strengthened disability discrimination legislation in 2005, a landlord or property manager who retains control of the common parts of the building is not obliged to agree to a request for physical alterations. However, the 2005 Act imposes a duty on a landlord to review its management practices and procedures (if requested) to ensure an occupier’s enjoyment of services and facilities ancillary to their lease is not prejudiced by reason of their disability. A landlord should consider whether the problem at the root of a request can be addressed by reasonable and proportionate changes to letting terms and policies, rather than making physical alterations.

If you have any queries in relation to this article or any other property matter, please contact Claire Banks at Watson Burton LLP on 0191 244 4286 or email claire.banks@watsonburton.com.

This was posted in Bdaily's Members' News section by Ruth Mitchell .