The Disability Discrimination Act 2005 received Royal Assent on 7 April 2005. The Act amends the Disability Discrimination Act 1995, introducing provisions that will affect providers of transport, public authorities, membership of private clubs and letting of premises. The Act also extends the definition of disability in the 1995 Act to include people who have some forms of cancer, HIV/AIDS and multiple sclerosis.
On the real estate front, the Act will strengthen tenants’ rights to make reasonable, disability related alterations to their homes. Leases of houses/flats that currently prohibit alterations will, once the Act comes into force, be interpreted as preventing landlords from unreasonably withholding consent to an improvement that is likely to facilitate the disabled person’s enjoyment of the premises. The disabled person can be the tenant or any other person who lawfully occupies the premises. The tenant would still have to approach the landlord for consent but this could not be unreasonably withheld.
The Act also impacts on landlords and managing agents, known as controllers, of let premises (whether commercial or residential). 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 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 Act includes a provision for the Disability Rights Commission to issue codes of practice on consent to improvements.
There is as yet no fixed date for the Act to come into force although it is understood that different parts of the Act will come into force in 2005 and 2006.
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The original publication date for this article was 10/05/2005.
