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
>
>
>
>
>----------End of Message----------
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Unless expressly stated otherwise, the contents of this e-mail represent
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