There is a slight difference between private landlords and those within the
public sector. 'Landlords should, where a disabled person is at a
substantial disadvantage, compared to ..... in the use of their common parts
.....where reasonable, at the disabled persons costs.'
Three issues here, the rights appear to extend to the tenant or others
entitled to occupy such as spouses and children (not a visitor), must be
reasonable and at the disabled persons cost. Additionally, a landlord can
not unreasonably refuse a tenant who wishes to do alteration works (they may
need to put it back when they leave) however, if the alterations would
create problems for other tenants, the landlord can reasonably refuse.
I feel that the problem arises here not in the landlord relationship but
that local authorities are still covered by the public sector duty to:
Eliminate discrimination
Advance equality of opportunity
Foster good relations
Is this general housing or sheltered housing which may have service
provision? To foster good relations, the loan of a temporary ramp, would
seem like a suitable option.
Regards Jane
Jane Simpson
RIBA & NRAC Consultant
T: 01484 413000/537407
M: 07777 607239
www.janesimpsonaccess.com
Registered address: New House Bungalow, New House Road, Sheepridge,
Huddersfield, HD2 1EG Company No 6559802, VAT No 930 0839 42
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-----Original Message-----
From: Accessibuilt list [mailto:[log in to unmask]] On Behalf Of
Bracewell, Robert
Sent: 09 November 2011 13:22
To: [log in to unmask]
Subject: Re: Visitor issue
Terence,
I take your point there, but wouldn't that be the same in a private
house? I am working on how we can facilitate it, but the Council Housing
office here is very strapped for resources and we obviously have to
balance requests against needs all the time and this is one of the
uncomfortable ones that need some levering into policies and procedures.
Cheers,
Rob
___________________________________________
Rob Bracewell BA (Hons) - Access Officer
Planning & Housing Policy Team, Regeneration & Policy Service
Lancaster City Council, PO Box 4, Town Hall
Dalton Square, Lancaster LA1 1QR
Tel. 01524 582372 Mobile: 07792439623
Fax 01524 582322
e: [log in to unmask] w: www.lancaster.gov.uk
-----Original Message-----
From: Duerden, Terence Richard (PG)
[mailto:[log in to unmask]]
Sent: 09 November 2011 13:05
To: [log in to unmask]
Subject: Re: [ACCESSIBUILT] Visitor issue
Sorry for the second post so quickly. The answers so far seem to me to
suggest that a none disabled tenant is not allowed to have a disabled
friend visit, without them making adjustments! My thoughts are that the
tenant and the friend could mount a defence under the equalities act. A
more reasonable and goodwill gesture would be for the landlord to
provide a moveable ramp. I am sure that the cost would not be huge and
would buy the landlord significant goodwill and will say to the tenant
and friend and their other family and friends 'what a brilliant landlord
Terence R Duerden MRICS
________________________________________
From: Accessibuilt list [[log in to unmask]] on behalf of Ian
Waterman [[log in to unmask]]
Sent: 08 November 2011 12:08
To: [log in to unmask]
Subject: Re: Visitor issue
Hi Robert,
This is a difficult one, and with no simple answer.....
Doubtless the arguments will ping pong around for some time.....
I like your initial statement 'facing a small issue'.....
Let us hope it stays that way.....
I agree your duty is to the tenant.....
And, on behalf of your authority to undertake what is reasonable.....
Your resolution seems a reasonable one.....
So let us hope common sense will prevail.....
Let us know how it progresses
Regards
From: Accessibuilt list [mailto:[log in to unmask]] On Behalf
Of Bracewell, Robert
Sent: 08 November 2011 11:18
To: [log in to unmask]
Subject: Visitor issue
Good morning all, I hope Monday hasn't been too bad for you so far?
We are facing a small issue here regarding a visitor who has complained
to Counsellors and MP about being unable to visit her friend who lives
on the ground floor in a block of Council Flats; she uses a wheelchair
and is demanding access to her friend's house. The design of the flats
isn't perfect, built in the mid-60's they have a level entrance leading
to the ground floor flats; unfortunately the corridor leading to the
stairway is narrow and each flat has a small step and the bottom stair
is higher than these steps. This has precluded any major works in
levelling the whole floor as it would leave a dangerous part of a riser
as the bottom step.
My view on the matter is that as a landlord our duties are to the
tenant, to alter the whole floor and staircase would be unreasonable as
the stair is a structural element of the block, so we're sorry, but the
tenant would have to provide a small removable ramp (the tenant isn't a
wheelchair user) to allow their friend access - just as in a private
home of the period.
Thoughts?
Rob
___________________________________________
Rob Bracewell BA (Hons) - Access Officer Planning & Housing Policy Team,
Regeneration & Policy Service Lancaster City Council, PO Box 4, Town
Hall Dalton Square, Lancaster LA1 1QR Tel. 01524 582372 Mobile:
07792439623 Fax 01524 582322
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