Hi Sandy,
Can I make it clear that if the door and the parking bays are in the
Landlords demise (ie their responsibility) then you DO NOT have the right to
make alterations. The legislation only makes provision for alterations
within your demise with consent. You have no right to alter anything
belonging to the Landlord. There should be a plan in the lease with a red
line around your demise. You are likely to have a right to pass over and
use the door and parking.
Sorry to complicate matters, but you need to look at the lease to determine
the responsibilities of the Landlord and the tenant and the DDA Part II and
Part III issues and the auxiliary aid definition.
It's likely that the landlord is responsible for the external areas (parking
bays) and common parts (front door), but may pass maintenance and repair
costs back to the individual tenants (often in different proportions to each
one!) via a service charge, so you need to check the appropriate demise and
service charge clauses. Alteration costs are likely to be treated
differently.
Then you need to determine whether the "public" use the front door. Even if
the council do not expect public access, other users may, in which case
there is potential for a Part III issue, although the landlord may not be
obliged to make a structural alteration. You need to determine whether the
Landlord is a service provider. Then you can work with the auxiliary aid
definition for the door problem and if a request has been / can be made for
an altertion and can be pursued within the legislation (altered by DDA
2005).
The quickest way of dealing with the issue, particularly if the landlord is
not willing to undertake alterations, is to start the lease subject to
alterations or a reduced rent. Once you're in, it's a matter of speaking to
the other tenants and the landlord and hoping for the best until the law is
altered, or catching the landlord for a reduced rent at rent review time.
Sorry it's not simpler - someone out there is working on it.
Helen
>From: "Curry, Paul" <[log in to unmask]>
>Reply-To: Accessibuilt list <[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: Commercial Landlords, accessible premises
>Date: Fri, 11 May 2007 16:05:44 +0100
>
>my understanding is that, on both counts it's your responsib
>Hi,
>
>my understanding is that, on both counts it's your responsibility to make
>the adjustments. You may have to ask the Landlord's permission but they
>cannot unreasonably refuse permission. They are also allowed to specify
>that you return the parking and the door to their original condition at the
>end of the lease.
>
>If you don't have disabled staff working there or visiting there and
>there's no public access you may not have to do any work until there are
>disabled staff working, or due to start working, there.
>
>Paul
>
>
>-----Original Message-----
>From: Accessibuilt list [mailto:[log in to unmask]]On Behalf Of
>Bannister, Sandy (CS HR)
>Sent: 11 May 2007 15:59
>To: [log in to unmask]
>Subject: [ACCESSIBUILT] Commercial Landlords, accessible premises
>
>
>Hi. Can anyone help with this?
>
>The Council has leased part of a building as office premises. The lease
>includes 25 standard width parking spaces. I have two queries:
>1 Is it up to us, as the tenant, to amend the parking to allow for
>an appropriate number of disabled parking bays?
>2 The main entrance door to the building (where we are leasing one
>storey) may well be too heavy for some disabled staff to open. Does the
>landlord have any legal responsibility for providing an accessible
>entrance door to the building?
>
>There will not be general public access to the leased area.
>
>Many thanks.
>
>Have a good weekend!
>
>Sandy Bannister (Mrs)
>Disability Equality Adviser
>Tel 01905 766225
>Fax 01905 766221
>
>
>
>
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