Hi Alan,
Yes, as always, the situation between tenant and landlord is often clear as
mud. However, it is probably best to start with a question.
questions
1. Are the tenants service providers and therefore required to make
their service accessible?
2. You say the toilets are provided by the landlord for the tenants and
their employees. Are the toilets provided for the customers of the tenants
(always assuming that they are service providers)?
3. Were the toilets specified as being provided by the landlord in the
tenancy contract?
Answeres
1. If the tenants are service providers, then it is they who have the
duty to make their service accessible. If they wish to make improvements or
adaptations, they have to seek permission from the landlord - who cannot
unreasonably refuse, but it is the tenant (service provider) who is
responsible.
2. If the tenants are service providers and they provide toilet
facilities for their customers, then they would need to provide an
accessible toilet.
3. If the tenant employes disabled workers,or an employee becomes
disabled, then the duty on the employer is to make reasonable adjustments,
which, depending on the disability, may include providing a suitable toilet.
Finances are indeed available for this through Access To Work (see DWP
Website www.dwp.gov.uk).
There are some grey areas surrounding landlord and tenant, but these revolve
around common areas normally associated with living accommodation. The fact
is that the landlord is not a service provider unlike the tenant may
possibly be.
I have probably muddied the waters even more now!! But I hope I have made
alittle sense.
John.
John Gregory
Access Officer
-----Original Message-----
From: Alan Hunt [mailto:[log in to unmask]]
Sent: 07 March 2006 15:26
To: [log in to unmask]
Subject: [ACCESSIBUILT] Tenant - Landlord poser
Can anybody help with this problem?
-->We have a block of small industrial units which are let to tenants.
-->There is one ladies toilet cubicle and one gents toilet on an upper
mezzanine level for use by the tenants and their employees.
-->Do we have a duty under part three, as landlords, to upgrade the
-->toilet
to an accessible facility on the ground floor for the benefit of the
tenants visitors who may occasionally use them.
-->The toilets are not in a public area.
-->What happens if a tenant employs someone who needs an accessible
-->cubicle? Do we have a duty to improve the facility because we provide
-->toilets for
users of the units?
-->or is it for the tenant to provide the facility, perhaps with
-->assistance
from Job Centre Plus?
-->There is a capped drain in every unit which the tenants have access
-->to.
clear as mud???
your help would be most appreciated.
regards
Alan Hunt
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Run by SURFACE for more information on research, consultancy and the distance taught MSc. in Accessibility and Inclusive Design programme visit:
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Archives for the Accessibuilt discussion list are located at http://www.jiscmail.ac.uk/lists/accessibuilt.html
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