I would also suggest that you check the lease arrangements, does the
lease specify that the landlord provides toilets? Could that be deemed a
service to the tenants? Also requirements to meet statutory legislation
has been used by some landlords to upgrade and then recharge tenants
depending upon when their lease is due. Although some tenants might not
require accessible premises and can refuse to pay because it is not a
statutory requirement for them. I also believe that there was a case
where a tenant obtained a reduction in their rent around the lease
agreements because the premises was not accessible.
As I understand it the changes to the DDA require landlords to have
policies practices and procedures in place to deal with the
circumstances around allowing reasonable physical measures, ensure that
this is in place and I would advise checking with the landlords
solicitor about the requirements for auxiliary aids, not sure if they
fall to the landlord. I spoke at a NRAC conference where this was
touched on, I wasn't paying too much attention, I was planning my
presentation!!
Another aspect is that accessible premises are likely to be more easily
let and are, in many areas, commanding higher rents. I would review your
current tenants and be clear about the levels provided in any new
agreements. But if possible I would try to improve so that you command a
larger potential tenant market.
Regards Jane
Jane Simpson BA Grad Dip Arch RIBA
Regional Manager
For and on behalf of
Aedas Access Consultancy
Norwich Union House
High Street
Huddersfield
HD1 2LF
' +44 (01484) 537411
6 +44 (01484) 530332
* [log in to unmask]
* www.aedas.com
-----Original Message-----
From: Accessibuilt list [mailto:[log in to unmask]] On Behalf
Of Alan Hunt
Sent: 07 March 2006 15:26
To: [log in to unmask]
Subject: 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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