John,
It may well be cheaper for the landlord to install the lift now rather than
face a long-term reduced rental value and tenant disputes.
I'd advise you to remind your client that the absence of a lift may have a
considerable impact on the value of the building if he refuses to install a
lift, to cover yourself. ADM access to all floors options should be well
documented in the access statement.
Consider demises too. The lift is likely to be in a common area,
particularly if the building is offered to mixed tenants. The tenants will
not have a right to alter these areas if they are in the demise of the
landlord. The tenants will therefore pass responsibility back to the
landlord, who may be the service provider. You are likely to encounter
disputes and the tenants are likely to ask for reduced rents as the building
is inaccessible. The landlord may decide to install a lift as part of the
service charge, the tenants will object to a very high cost and may well
walk rather than renewing leases, or taking them in the first place. I
don't know many small office tenants who can afford to install a lift
mid-lease. They are likely to see the lift as a benefit to the landlord and
are unlikely to be willing to cover the cost via the service charge.
Also, if he creates accessible offices in an area where there are few, there
may be a premium value.
Consider carefully.
Helen Kane
Access Included
Tel: 07985 210575
>From: John Gregory <[log in to unmask]>
>Reply-To: Accessibuilt list <[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: Tenant Landlord Responsibilities Under DDA
>Date: Fri, 9 Jun 2006 09:13:49 +0100
>
>Thanks Clive.
>
>John.
>
>John Gregory
>Access Officer
>
>-----Original Message-----
>From: Clive Sayer [mailto:[log in to unmask]]
>Sent: 09 June 2006 09:03
>To: [log in to unmask]
>Subject: Re: [ACCESSIBUILT] Tenant Landlord Responsibilities Under DDA
>
>
>That's how it worked on a couple of new build schemes for warehouse type
>units with first floor 'space' I recently prepared access statements for.
>
>Clive
>
>Clive A Sayer
>
>Boxall Sayer Construction Consultancy
>
>QS News 'Best All Round QS Firm 2005'
>
>Tel : 01243 792220 Fax : 01243 792016 Mob: 07967 132221
>
>
>London - Chichester - St Albans - Manchester
>
>www.boxallsayer.co.uk
>
>This e-mail is confidential. If you receive it by mistake, please inform us
>immediately and delete it from your system. You should not copy, disclose,
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>BOXALL SAYER LIMITED : REGISTERED ENGLAND NO 2644283
>
>REGISTERED OFFICE : MIDLAND HOUSE, 1 MARKET AVENUE, CHICHESTER, WEST SUSSEX
>PO19 1JU
>
>****************************************************************
>
>
>
>
>
>-----Original Message-----
>From: Accessibuilt list [mailto:[log in to unmask]] On Behalf Of
>John Gregory
>Sent: 09 June 2006 08:50
>To: [log in to unmask]
>Subject: Re: Tenant Landlord Responsibilities Under DDA
>
>Hi Clive,
>
>Yes, building Control are involved in this development. So, if I
>understand
>what you are saying, is that the provision for future installation of a
>lift
>would be a natural inclusion in the design and build and that this would
>then be referred to in an Access Statement, thereby complying with B Regs
>and DDA?
>
>Cheers.
>
>John.
>
>John Gregory
>Access Officer
>
>-----Original Message-----
>From: Clive Sayer [mailto:[log in to unmask]]
>Sent: 09 June 2006 08:37
>To: [log in to unmask]
>Subject: Re: [ACCESSIBUILT] Tenant Landlord Responsibilities Under DDA
>
>
>I presume this 'development' is such as to require Building Regulations
>consent. If so my recent experience is that Building Control officers (or
>their private sector equivalents) require the future provision to be
>considered and allowed for in space planning terms even though the fit-out
>of the building might be by the future purchaser - who would then be
>responsible for putting in the lift. This all had to be included in the
>Access Statement which was also included in the sales documentation by the
>solicitors.
>
>Clive Sayer
>
>Boxall Sayer Construction Consultancy
>
>QS News 'Best All Round QS Firm 2005'
>
>Tel : 01243 792220 Fax : 01243 792016 Mob: 07967 132221
>
>
>London - Chichester - St Albans - Manchester
>
>www.boxallsayer.co.uk
>
>This e-mail is confidential. If you receive it by mistake, please inform us
>immediately and delete it from your system. You should not copy, disclose,
>or distribute its contents to anyone nor act in reliance on this e-mail, as
>this is prohibited and may be unlawful.
>
>BOXALL SAYER LIMITED : REGISTERED ENGLAND NO 2644283
>
>REGISTERED OFFICE : MIDLAND HOUSE, 1 MARKET AVENUE, CHICHESTER, WEST SUSSEX
>PO19 1JU
>
>****************************************************************
>
>
>
>
>-----Original Message-----
>From: Accessibuilt list [mailto:[log in to unmask]] On Behalf Of
>John Gregory
>Sent: 08 June 2006 16:13
>To: [log in to unmask]
>Subject: Tenant Landlord Responsibilities Under DDA
>Importance: High
>
>Hi All,
>
>Apologies for hogging the list at the moment, but I have several issues I
>could do with some help on.
>
>Are there any experts in Tenant Landlord issues out there?
>
>Our building Surveyor has approached me regarding a speculative development
>within our area. The development is refurbishing two large buildings and
>erecting a new building which will contain multiple units including working
>floor space on the ground floor and small office units on the first floor.
>Eventually these will be leased to small companies. This is OK as it
>stands, but an issue has arisen regarding the accessibility (mainly in the
>future) of the office spaces. To expand further on the development:
>
>There are 8 units within each of the three buildings which are independent
>entities accessed by their own door into an area which includes an
>accessible WC, a resst room and a staircase leading up to the office
>accommodation (approximately 25m square). The staircase is fine and
>accords
>with AD M in terms of width and handrails etc. The issue we have is for
>future access of, for example, an employee who may become disabled and
>require lift access.
>
>The developer says that he does not have any intention or responsibility to
>provide this future access and it will be up to the tenant to provide this.
>The provision of a future lift may well be up to the tenant in the case of
>one of their employees requiring lift access, but as the development
>stands,
>they would not be able to provide it as the staircase would be the
>evacuation route and there are no provisions built-in to the design to
>accommodate future adaptations i.e. a platform lift or other such device.
>
>My question is therefore, does the landlord have a responsibility to
>incorporate in the design the ability to install a lift to the office
>accommodation if required in the future? It is something which morally he
>should do, but is there anything which I can use to require him to do this?
>I am not asking him to install lifts, merely to provide the ability to
>install one at a later date without having to resort to major structural
>changes. DDA changes 2005?
>
>Hope someone can shed some light on this.
>
>Regards.
>
>John Gregory
>Access Officer
>
>
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