Introduction Everyone has the right to live in private accommodation, regardless of any disabilities; there are some steps which your landlord should take in order for you to be able to live comfortably in your home, and others which the council may look into for you. This booklet goes into what you can expect your landlord to provide for you and how to go about getting major adaptations done if these are needed. It also goes into the circumstances where your landlord may be exempt from providing you with aids, and what to do if you feel you’re being discriminated against because of your disability. At the end there is a list of useful contacts mentioned in the booklet. What your landlord should do Policies It may be that your tenancy agreement discriminates you because of your disability, without your landlord actually intending it to. This could be because of a ‘no pets’ clause which would prohibit a guide dog living with you, or not allowing you to park in the grounds of the property which would limit your access if you had mobility problems. If this is the case, your landlord should modify the contract to reflect your needs, along with preparing the information in accessible forms such as braille, or visiting tenants who have conditions such as dyslexia.
Auxiliary aids If you feel there are any auxiliary aids which you need, in most cases your landlord should provide them for you - examples of when your landlord is exempt are explained further in the booklet. Auxiliary aids include things such as providing a ramp for wheelchair users and painting doors and window frames in darker colours so they can be seen more easily. If you are disabled and you rent your home you are entitled to any auxiliary aids you may need, but this doesn’t include aids to help you outside the house, such as a walking stick. Physical features which you may need such as a wet room, don’t come under this category, but will be discussed later on. It isn’t always black and white as to what is an auxiliary aid and what is a physical feature—a handrail could be argued to be auxiliary as it can be removed from a wall, or a physical feature as it has to be attached to the wall in order to be used. The law isn’t entirely specific on this, so seek advice if you and your landlord can’t agree. Physical aids You are entitled to have physical features in the property if needed due to your disability, such as a wet room or stair lift, but your landlord doesn’t have to arrange this or pay for it themselves. As long as you live in the property and have a lease you may be eligible to apply to the Scheme of Assistance through Fife Council, but this would probably be on a case by case basis. If you live in a property for 3 or more people (an HMO) there may be other obstacles due to particular licensing laws involved with this. To apply to the Scheme of Assistance, you will have a needs assessment done by the Social Services department, and if it is decided that you qualify, the council
must provide a minimum of 80% of the funds for the work. You do need your landlord’s permission for the work to go ahead, but this can’t be withheld unreasonably. You may be liable for the other 20% towards the work—more information on means testing can be found by contacting the Assessment Officer at Fife Council on 01592 583 396. There can be a waiting list for this type of work, but if you plan on living in the same property for a while and don’t need it adapting urgently, it may still be worth applying. Where your landlord may be exempt Your landlord may be exempt from making adjustments for disabled people in certain circumstances. These include where the landlord and/or their family live with you and you share facilities and no more than 6 people live on the premises. Alternatively, if there are no more than 2 other households living on the premises with the landlord and/or their family, the landlord is exempt from making changes. Another example of when a landlord can decide not to make adjustments are when the property is or was the landlord’s main home and they don’t use a letting agent to manage it – this might be if the landlord is working away from home and renting the property out whilst they are away. How to get physical features done The first thing you will need to do is write to your landlord letting them know the adaptations you need doing and why; your landlord then has a month to decide whether or not to give permission. If you haven’t heard within a month, the answer is probably no, but seek advice if you feel their permission is
being unreasonably withheld; your landlord needs to give you the reason(s) why they aren’t allowing you to make the changes—this could be because their mortgage lender won’t allow it or the work would make the building unsafe. Your landlord should also give you details on how you can appeal against their decision. If your landlord agrees to the work, they can impose certain conditions on the alterations made to the property. This could be something like you having to get planning permission for the alterations, or getting permission from other residents if the changes affect common areas. Your landlord should outline any conditions they have in writing when they agree to you getting the adaptations done. If your landlord still refuses to get the adaptations done, you can approach the Equality and Human Rights Commission (EHRC) which can try and help you reach an agreement with your landlord. If your landlord refuses mediation with the ERHC, you can appeal to the courts. The Sheriff’s decision is final however, so if you’re not happy with the outcome you won’t be able to appeal again. Discrimination If you feel you are being discriminated against by your landlord, the first thing to do is approach the subject with them – they may have misunderstood your needs or hadn’t realised they weren’t acting within the law. You should make it clear to them that you are aware of your rights as a tenant, and their duty to you as your landlord to provide reasonable adjustments for your tenancy. This should hopefully be enough for you to get the changes done which you need, and allow you to have good relations with your landlord in the future. If however, the situation hasn’t been resolved, you can appeal to the ERHC who can advise you on the next steps, offer mediation between you and your landlord, or support you through the courts if your case reaches this level.
Disability conciliation service This is an alternative to going to court; it aims to help you and your landlord resolve the issues around the discrimination you feel you are being subjected to. An independent mediator will arrange to meet with you and your landlord in order to do this; it is far less stressful, quicker and easier than going through the courts, but you still have the option of court action if your situation hasn’t been resolved. Taking legal action There is a time limit if you want to take legal action regarding your discrimination—you must do it within 6 months of the discrimination taking place, or 9 months if you’ve used the conciliation service. If you are considering this, seek advice; St Andrews University holds a legal clinic through Rollos Law LLP and Murray Donald LLP every fortnight during term time. The first session is free and they will be able to advise you of your rights and what to expect if your case goes to court. Alternatively, you can contact the disability advice centre or CAB Scotland. The EHRC may be able to help you if your case is likely to set the bench mark for other disabled people in the future. A positive outcome of court action would be that your landlord has to change their practises and becomes non-discriminatory. Legal action is expensive, but you may qualify for legal aid depending on your financial circumstances. The Scottish Legal Aid Board has an online calculator you can use to check if this is the case.
Victimisation You may be worried that if you take legal action against your landlord, you could be subject to victimisation following this; however, there are laws which mean that your landlord won’t be able to treat you less favourably if you have brought legal proceedings against them. If you feel you are being victimised, seek advice. Useful contacts CAB Scotland: www.cas.org.uk 0808 8009 060 Disability Information Scotland: www.update.org.uk 0131 6691 600 Equality and Human Rights Commission (EHRC): www.equalityhumanrights.com 0808 800 0082 Fife Council www.fifedirect.org.uk Assessment Officer 01592 583 396 Scottish Legal Aid Board: http://www.slab.org.uk/ 0845 122 8686 Shelter Scotland: http://scotland.shelter.org.uk 0808 800 4444 St Andrews legal clinics: www.st-andrews.ac.uk/students/advice/legalclinic/