Tenants and the Disability Discrimination Act 1995

As the Act can impose both criminal and civil penalties, we suggest a ten-point guide to compliance:
  1. Read the Disability Discrimination Act 1995.

  2. Read the Disability Discrimination Act 1995 Code of Practice.

  3. Consult an Access Auditor and/or Consultant and/or Chartered Surveyor and Solicitor.

  4. Consider whether compliance may be effected by alteration of business practice rather than physical alteration to the building. It may be more cost effective.

  5. If negotiating a tenancy of a non-compliant building, obtain an indemnity from the landlord against the costs of any physical alterations to the property required by the Act.

  6. Develop a pro-active management strategy.

  7. If procuring works to comply with the Disability Discrimination Act 1995 consider how the Act interacts with Planning and Listed Building Legislation.

  8. Consider the provisions of the Act and related Codes of Practice before carrying out refurbishment, redevelopment or development.

  9. If a tenant under a lease ending shortly consider whether the lease requires the premises to be yielded up in a "tenantable condition". If so, seek advice as to whether the landlord may be able to enforce a claim for the costs of any physical alterations required to the property under the Disability Discrimination Act under that covenant.

  10. If a tenant in a non-compliant multi-let building consult the landlord regarding agreement and phasing of any necessary works to the structure or common parts.

Caveat: This guide is not a statement of the law and should not be construed as such.

Charles Scouller MSc BA (Hons) FRICS MEWI IRRV,
Director
LSM Partners