Disability Discrimination Act 2005 – Implications For Leased Premises

The Disability Discrimination Act 2005 ("the Act") is of interest to landlords and managers of leased property as the Act makes it unlawful to discriminate against disabled persons in relation to the management of premises. The Act received Royal Assent on 7 April 2005 and amends the Disability Discrimination Act 1995. It will come into force in stages but the most significant changes came into effect on 4 December 2005.

The Act expands on the provisions which have already been put in place under the 1995 Act in respect of letting property.

Under the Act the definition of disability is widened to include people who suffer from HIV, multiple sclerosis and cancer. The Act applies to a "Relevant Disabled Person" who is a person to whom property is let or the occupier of let premises.

The Act makes 5 main changes which will effect Landlords and managers of leased property ("Controllers"). The provisions apply to all property in the UK and are not restricted to residential premises.

From 6 December 2005:-

1. It is unlawful for a Controller to discriminate against a disabled person to whom their premises are let or who is an occupier of the let premises, for example an employee of a tenant.
2. A Controller has a duty to provide an auxiliary aid or service to enable a disabled person to use the premises let. An auxiliary aid can be permanent or temporary in nature. A collapsible ramp to allow access to a building with steps would be an example of an auxiliary aid.
3. A Controller has a duty to change a practice, policy or procedure that has the effect of making it impossible, or unreasonably difficult for a disabled person to enjoy or make use of the property or any of its facilities. This duty applies to current tenants or to persons becoming tenants of the property.
4. There is provision to prevent indirect discrimination by a Controller. It is unlawful for them to discriminate against a tenant where they are sharing occupation with a disabled person.
5. It is not only unlawful to discriminate against a disabled person to whom the Controller’s property is let, it is also unlawful to discriminate against a disabled person considering taking a letting of the property. A Controller will have discriminated if they have failed to take reasonable steps to provide such auxiliary aids as are necessary to allow a disabled person to let the premises.

A Landlord or manager of leased premises will be exempt from the provisions if the property is their principal dwelling house or if the premises are of a prescribed description (this "description" is not detailed in the Act). In terms of the Act, it is never reasonable to expect a Controller to move or alter a physical feature of the property. It will be justified for a Controller not to comply with the provisions if it is necessary to refrain from complying so as not to endanger the health and safety of any person.

In order to ensure that their property remains marketable, landlords and managers of leased premises should be aware of these new provisions and note that they apply not only to current tenants but also prospective tenants.

The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Readers should not act on the basis of the information in this article without taking appropriate professional advice upon their own particular circumstances.