Hi Alan,
It depends on the 'public' status of the visitors. First define whether
you, as landlords, may be service providers (the code says it is not
advisable to assume you are not a service provider if in doubt, but you need
to check whether the 'public, not defined in the Act or code, access the
areas concerned).
Although the tenants have the right to undertake physical alterations in DDA
terms within their own demise, they have no right to adjust the common
parts.
If the tenants employ a person with a requirement for a physical adjustment
to a WC they have an obligation to make adjustments. They may ask you to
undertake reasonable adjustments as you provide the services. If you do not
the employee can take the employer to an employment tribunal and they may
bring you in on the action as the landlord. Remember the adjustment will
have to be appropriate to the employee and not a bog standard (oops!) ADM
Minimum dimension WC.
As far as I'm aware, although an employee may qualify for an access to work
grant for such an adjustment within the demise of their employer, they will
not qualify for funding within the landlord's demise. If anyone has heard
of a regional jobcentre where this has happened I'd be very interested to
hear.
If the toilets are not in a public area, how will the public be able to
access them?
Although if you provide facilities it is good practice to make them
available to all, strictly speaking if you do not qualify as a service
provider as landlord you may not have to provide accessible facilities
within Part III. MAY, because there are no test cases yet, so don't take my
word for it - you may be the first case. Remember you may have employees
(cleaners, maintenance staff) with a requirement for a WC, bringing in Part
II.
I haven't seen any case law on the landlord/tenant point yet. My personal
view is that it is safer to assume you have a Part III duty, as you cannot
always predict the nature of the visitors to the tenanted units. That's not
the law though.
Also check the service charge clause in the leases carefully to see whether
you have an obligation to comply with all statutes, you have the authority
to undertake alteration works and reclaim from all the tenants (some may be
capped), whether you need to consult them first, etc. Your estates team
should help there.
I assume you're suggesting that the tenants could provide a WC in their
demise when you say they have a capped drain. Whether you can ask them to
provide an additional toilet in their own area is a contentious question.
If you provide basic toilets elsewhere there's an implication that you
provide all services, so on what basis could you ask them to provide further
toilets in their own units? Also, if you do pass the issue back to them
they'll come back to you with a request for a licence for alterations,
compensation for the works on departure and a request for a rental reduction
for the space occupied at rent review. Or at least they would if I was
advising them.....
Hope this helps. I deal with these issues daily and still desperate for a
test case - Anyone?
Helen K
>From: Alan Hunt <[log in to unmask]>
>Reply-To: Accessibuilt list <[log in to unmask]>
>To: [log in to unmask]
>Subject: Tenant - Landlord poser
>Date: Tue, 7 Mar 2006 15:25:44 +0000
>
>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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