Q&As

Does a request by a tenant with a disability to a landlord for heavy entry gates to be made automatic come under the category of physical feature (so not yet in force) or auxiliary aid and therefore caught by provisions under the Equality Act 2010?

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Published on LexisPSL on 05/06/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Does a request by a tenant with a disability to a landlord for heavy entry gates to be made automatic come under the category of physical feature (so not yet in force) or auxiliary aid and therefore caught by provisions under the Equality Act 2010?

This Q&A raises the extent of a landlord’s duties under the Equality Act 2010 (EqA 2010) where a tenant has a disability. Under EqA 2010, a person has a disability where they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities (EqA 2010, s 6(1)).

EqA 2010 imposes a duty upon the controller of let premises and premises to be let (EqA 2010, s 36(1)), that is to say it applies to a person who has granted a tenancy and also to a person who has premises which are available for that purpose. In each case, a controller is the landlord and any person who manages the premises (EqA 2010, s 36(2), (3)).

The duty is one to make reasonable adjustments and is contained in EqA 2010, s 20 and EqA 2010, Sch 4. It comprises three separate requirements, namely in relation to (i) provisions, criteria or practices, (ii) physical features and (iii) situations where but for the provision of an auxiliary aid, the person would be put at a substantial disadvantage (EqA 2010, s 20(3), (4), (5)).

A distinction must be drawn between the premises which are the subject of the lease and any common

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