Impact of the Disability Discrimination Act 1995 on Landlords and Tenants
What is the Background?
The Act was introduced in 1995 to protect disabled persons against discrimination in relation to employment, the provision of goods and services and the sale and letting of property. The legislation is enforceable by the person suffering the discrimination. Although the broad mandate of the legislation has existed since 1995, with effect from 1 October 1999 reasonable steps must be taken to change any policy, practice or procedure, which make it impossible or unreasonably difficult for a disabled person to use a service or facility. In addition, and most directly the subject of this note, with effect from 1 October 2004 service providers are to make “reasonable adjustments” to their premises, particularly where a physical barrier makes it impossible or unreasonably difficult for a disabled person to use a service or facility.
The principal misconception is that the Act requires service providers to make physical alterations – this is not always the case as there are frequently alternative actions which the service provider can take to meet the obligations of the Act. However, this does not mean that there are no situations where the only acceptable action would be to make physical changes to the building.
Who is a Service Provider?
A “service provider” is anyone who provides goods, facilities or services to the public or a section of the public, whether or not for payment. This can include a landlord to a building, where the building is in multiple use and some or all of the occupiers meet the definition. This is obviously true of a shopping center, but could also relate to other uses of building, where the public has access for the provision of a service. The situation of an office building is much less clear and each circumstance needs to be considered on it’s merits.
The “service provider” is the party liable to comply, which, as has been said above, may include the landlord.
Throughout the legislation the extent to which a liability arises is subject to a test of reasonableness, which, ultimately will be for the Courts to consider in the circumstances of the particular case, however, there is help both through English definitions of the word and a number legal judgements where the Courts have considered the meaning of the word in the past.
How Significant are the Risks?
As this is new law and capable of considerable interpretation by the Courts, it is currently extremely difficult to interpret it's significance. However, the implications of the Act are farreaching and may quickly be taken up by disabled groups. The views of the Courts are harder to predict so we will need to see how they react if and when actions are brought.
Disclaimer
The information in this note is offered as general guidance and should not be considered as specific advice. If you require further information, please ask your Dron & Wright contact.
