Improving disabled people’s access to let residential premises: reasonable adjustments to common parts, a new duty
Applies to England and Wales
Detail of feedback received
The consultation closed on 18 August 2022. The government has since been analysing the responses.
We were grateful to receive 54 responses to the consultation. These are invaluable as we consider regulations and guidance. We were also glad to receive input from a wide variety of individuals, groups and organisations, including:
- disabled people who live in, or have lived in rented, leasehold or commonhold accommodation
- family members of disabled people who live in, or have lived in rented, leasehold or commonhold accommodation
- landlords from various housing sectors
- managing and letting agents
- local authorities from across the country
- various disability charities
- law centres and advisory services with expertise in discrimination law
- government and professional bodies
These responses have given us different perspectives and factors to consider in implementing the remaining parts of Section 36 of the Equality Act 2010, and preparing any supporting guidance. We are currently considering these issues to reach conclusions.
The government’s response will be published as soon as possible in 2023.
Consultation description
This consultation regards the commencement and implementation of the remaining parts of section 36 of the Equality Act 2010.
This legislation will place a duty on landlords to make reasonable adjustments to the common parts of let residential premises when requested by a disabled person.
‘Common parts’ include outside areas, entrances, hallways, landings and stairwells.
Disabled people can already make such requests but there is currently no legal duty on the landlord to make reasonable adjustments to common parts.
Before commencement, regulations will be needed to set out how the new arrangements will work. We also propose that guidance will be drafted to help landlords and disabled people to understand their rights and obligations.
The aim of this consultation is to seek your views on how implementation should be regulated, and what the accompanying guidance should cover to help both landlords and disabled tenants.
Background
The Equality Act 2010 already imposes a duty on landlords and commonhold associations to allow and make reasonable adjustments, on request from disabled tenants, to their private dwellings.
When commenced, section 36(1)(d) will extend this duty to common parts of residential property. This will effectively give disabled tenants, leaseholders and anyone else entitled to live in the premises the legal right to require landlords to make reasonable adjustments to the common parts of their flats. These might include, for example, a wheelchair ramp at an entrance, improved lighting or rails in hallways and stairwells.
This new right would apply in all non-freehold housing sectors – leasehold-owned, the private rented sector and housing provided by local authorities and housing associations, where the premises has common parts, subject to certain exceptions.
The legislation makes clear that the landlord can insist, before an agreement, that the tenant (or their guardian) funds:
- any adjustment agreed as reasonable by the landlord
- reasonable maintenance costs
- the cost of any removal and restoration of the building upon vacating the property
However, this does not preclude other possibilities – for example, the landlord paying or cost sharing between landlord, tenant and perhaps other tenants. Funding may be available to some disabled people, who will be responsible for asking their local authority about this.
Who we want to hear from
To help inform the regulations and guidance, we would value the views of anyone who has an interest in our proposals to fully commence section 36 of the Equality Act 2010 and its associated schedule paragraphs.
We are particularly interested in hearing from:
- disabled people who live in, or plan to live in rented, leasehold or commonhold accommodation
- landlords from all housing sectors
- managing and letting agents
- local authorities
- organisations representing any of the above groups
- experts in any of the topics covered, who feel that they can usefully contribute
Although the policy only affects England and Wales, we are interested to hear from people across the UK who may have valuable experiences to share.
How to respond
Please read the consultation document before answering the questions.
There are 18 questions. However, you do not have to answer them all.
You can use an optional template (Annex A) for your responses.
You can respond by email or post.
Responding by email
Please send your responses to s36consultationresponse@cabinetoffice.gov.uk.
Responding by post
Please send your responses to:
Common Parts Consultation
Government Equalities Office
3rd Floor, Piccadilly Gate
Store Street
Manchester M1 2WD
Please write “Section 36” on the back of the envelope.
Contact us
If you have any questions about this consultation, please email s36consultationresponse@cabinetoffice.gov.uk.
Documents
Last updated 11 November 2022 + show all updates
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In the section 'Detail of feedback received', corrected the number of responses that were received from 52 to 54.
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Added a brief summary of the consultation responses to the public feedback section.
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First published.