Hi Lynn,
It does all rest on the terms of the lease/tenancy agreement . It may be
cheaper to seek advice from a management surveyor than a solicitor (but then
I'm biased, of course). Why does the landlord object to a loop?
Sadly, although residents may pay for works to a building they have less
right to demand works than a landlord has to impose works upon them (with
the exception of some critical repairs). Service charge clauses can be very
ambiguous.
In general if a residential landlord/managing agent intends to undertake
works in excess of a set min. amount in the block/average per flat they are
required to serve a formal written notice granting a minimum consultation
period. Reasonable objections must be considered. Disputes can be taken to
tribunal.
At some point discussions involving some major works and annual service
charge budgets are likely to take place in the common room. You may like to
consider whether a written format notice in this case may be considered
discriminatory, as some cannot respond, and the lack of a loop enhances the
discrimination.
If the service charge clause says the residents have to pay for works the
landlord and agent are likely to want a cut for organisation and admin,
which may be a substantial amount. In this case it may be much cheaper for
the residents to club together and install their own loop, saving
landlord/tenant heartache and a tidy sum! Be a bit careful, as the common
area may not belong to them, even collectively. I shouldn't say this, but
would the landlord notice if they put a loop in?
Good luck
Helen
Access Included Ltd
>From: Lynn Jeffries <[log in to unmask]>
>Reply-To: Accessibuilt list <[log in to unmask]>
>To: [log in to unmask]
>Subject: Fw: DDA and sheltered housing
>Date: Tue, 1 Mar 2005 15:39:53 -0000
>
>Hi All
>
>I wondered if anyone on the list could help me with the issues below? I
know sheltered housing and the DDA has been discussed at some length on the
list in the past but I couldn't find anything to answer these particular
circumstances.
>
>The communal room referred in the first scenario is used for meetings
(social and tenants issues). There is no TV in the room.
>
>I'd be grateful for any guidance.
>
>many thanks
>Lynn
>
>"I manage an advocacy service for older people in York (Older
Citizens
>Advocacy York - OCAY). I currently have two clients in separate
sheltered
>blocks both owned by different property companies. In one, the residents
>have been refused a loop system in the communal room. This room is where
>house meetings take place and discussions are held on many matters
including
>residents' leases. The hearing impaired are not able to fully join in
with
>any discussions, nor hear what is being said. Decisions are therefore
being
>made without their input.
>
>In the other block, there is no lift (and no space for one, I believe)
and
>there are people who are becoming increasingly frail and disabled in
first
>floor accommodation. The problem here is an obvious one of access at the
>very least.
>
>Does the DDA have any teeth in such matters - i.e. can the freeholders
be
>pressured to provide a loop and a stair lift? If so would the cost be
passed
>on to the residents directly?"
>
>
>
>
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>
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>
>Archives for the Accessibuilt discussion list are located at
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