From the ACT: Re requirement to provide an auxiliary aid.
Regards Jane
24C Duty for purposes of section 24A(2) to provide auxiliary aid or
service
(1) Subsection (2) applies where-
(a) a controller of let premises receives a request made by or on
behalf of a person to whom the premises are let;
(b) it is reasonable to regard the request as a request that the
controller take steps in order to provide an auxiliary aid or service;
and
(c) either the first condition, or the second condition, is satisfied.
(2) It is the duty of the controller to take such steps as it is
reasonable, in all the circumstances of the case, for him to have to
take in order to provide the auxiliary aid or service (but see section
24E(1)).
(3) The first condition is that-
(a) the auxiliary aid or service-
(i) would enable a relevant disabled person to enjoy, or facilitate
such a person's enjoyment of, the premises, but
(ii) would be of little or no practical use to the relevant disabled
person concerned if he were neither a person to whom the premises are
let nor an occupier of them; and
(b) it would, were the auxiliary aid or service not to be provided, be
impossible or unreasonably difficult for the relevant disabled person
concerned to enjoy the premises.
(4) The second condition is that-
(a) the auxiliary aid or service-
(i) would enable a relevant disabled person to make use, or facilitate
such a person's making use, of any benefit, or facility, which by reason
of the letting is one of which he is entitled to make use, but
(ii) would be of little or no practical use to the relevant disabled
person concerned if he were neither a person to whom the premises are
let nor an occupier of them; and
(b) it would, were the auxiliary aid or service not to be provided, be
impossible or unreasonably difficult for the relevant disabled person
concerned to make use of any benefit, or facility, which by reason of
the letting is one of which he is entitled to make use.
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 Al Hunt
Sent: 07 March 2006 21:33
To: [log in to unmask]
Subject: Re: Tenant - Landlord poser
Many thanks Helen and John, your information is priceless. I now have a
much clearer picture. I will need to have a close look at the leasing
agreements with our property section and then advise them accordingly. I
have been going round in cicles with this for a while. For info, there
is no specific mention of toilets in the leasing agreements but there is
a reference to use of 'facilities'..... as I said, a closer look at the
deeds is essential.
I'll let you know how we get on.
regards
Alan
-----Original Message-----
From: Accessibuilt list [mailto:[log in to unmask]]On Behalf Of
John Gregory
Sent: 07 March 2006 17:13
To: [log in to unmask]
Subject: Re: Tenant - Landlord poser
Hi Helen,
Just jotted down the basics, but am no expert on landlord tenant
relationships. Your description of the situation was most enlightening
and I must say, much more informative than mine. Hopefully Alan will
now have a basis for moving forward.
Thanks.
John.
John Gregory
Access Officer
-----Original Message-----
From: helen kane [mailto:[log in to unmask]]
Sent: 07 March 2006 17:07
To: [log in to unmask]
Subject: Re: [ACCESSIBUILT] Tenant - Landlord poser
Hi John,
Your answer is similar to mine, but I have to say the grey areas concern
all
common parts, not just living accommodation. Commercial units have to be
treated differently because of the prior consultation on service charge
expenditure too.
Also, it's not safe to assume a landlord is not a service provider
without full info. on the people passing over the common areas, as those
'mysterious' members of the public seem to get everywhere these days.
Helen
>From: John Gregory <[log in to unmask]>
>Reply-To: Accessibuilt list <[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: Tenant - Landlord poser
>Date: Tue, 7 Mar 2006 16:47:24 -0000
>
>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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