3 minute read
Bob Smytherman
Opinion Flat Liv ing w h A t t hE E x pE rt s t hi nk
Looks at the Equality Act and its impact on common parts of flats
Despite a change of Government, little progress has been made on implementing Section 36 ‘reasonable adjustments’ to ‘the Leasehold and commonhold premises and common parts’ section of the Equality Act 2010.
Before the Act was passed, the Federation of Private Residents’ Associations (FPRA) advised the Office for Disability Issues of our concerns about proposals to legislate for disability-related improvements to common parts of let residential premises.
While welcoming the extension of the rights of disabled people, the FPRA has identified a number of potential difficulties associated with introducing this legislation.
These include: n conflicting demands from various disabled residents with different disability needs (for example, altering the common parts to facilitate disabled access may make them less safe for those who are blind or visually-impaired); n the need to comply with fire safety and other regulations which apply to common parts; n control matters such as emergency exit routes (Regulatory Reform (Fire Safety) Order 2005); and n the actual practicalities of installing and maintaining any disability-related alteration.
With each of these potential difficulties there are also potential liability issues for landlords/ managers and this needs to be recognised, as do the financial impacts. For example, the introduction of apparatus on to stairways may impact on insurance costs for landlords both in terms of occupier’s liability and fire safety risk.
CoStS to the DiSABleD PeRSon
It also follows that the disabled person requesting the alteration must be required to meet all reasonable additional costs to which the landlord/manager will be subjected as a result of the alteration. The removal of the alteration and/or any making good to the common parts also needs to be explicitly included in the regulations as being required by the landlord/manager.
At present only reasonable maintenance costs are mentioned in addition to the actual cost of the alteration itself. In addition, there could also be insurance costs, consequential additional health and safety costs, cleaning costs, energy costs and so on. Landlords/managers must be able to recover these costs from the leaseholder or the tenant requesting the alteration, so that they do not fall on other leaseholders via their service charge. In any case, recovery of such costs will probably not be allowed in the lease.
owneRShiP oF the AlteRAtion
The Office for Disability Issues states that the landlord and tenant should be able to negotiate whether or not an alteration should be treated as a tenant’s fixture. We are very concerned about this statement and hope that it does not form part of any final proposal in respect of common parts. The landlord/ manager needs total control over the common parts because of all of the obligations and liabilities that exist in respect of those areas imposed either through other legislation or under the lease. Of course, there would be nothing to stop a
FPRA: hoping for extensive consultation with stakeholders landlord/manager offering back the alteration (such as a stair lift) to a tenant who is leaving the property where appropriate or practically possible.
The Office for Disability Issues have advised that there is an intention of the Equality and Human Rights Commission to produce a Code of Practice on premises and will issue guidance on section 36 before this is made law.
We hope there will be extensive consultation by the Commission on the draft Code and an opportunity for our organisation and others to influence the legislation before it makes it on to the statute book.
At this time Section 36 is still being considered for implementation by the Government. Follow the link below to the Government Equalities Office website for further details of the part of the Act which have already come into force, those that are due to come into force and those they are still considering. http://www.equalities.gov.uk/ equality_bill.aspx ●
Bob smytherman
Chairman, The Federation of Private Residents Associations Ltd email bob@fpra.org.uk Go to www.fpra.org.uk to find out more about the FPRA and its legal advice service which is free to members.