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A Daniels  
#1 Posted : 18 January 2010 12:33:55(UTC)
Rank: New forum user
A Daniels

Recently the landlord of one of our serviced offices has announced that he wishes to change the usage of the building and would like us out as soon as possible. We have just signed a year's lease and there was no indication of this at the time. In the last week he has now also informed us that he is decommissioning the lift as he does not want to pay to have it fixed. We have 2 members of staff with mobility issues who need the stairs to access our second floor office.
I have combed through the service contracts and have found a couple of clauses to back up our case to retain the lifts, but does anyone have any ideas of avenues I could research to ensure our case is a watertight as possible? I have risk assessed access in regards the specific needs of these two staff members, but I would rather have as much information as possible before going into battle.
Many thanks.
sean  
#2 Posted : 18 January 2010 12:40:34(UTC)
Rank: Guest
Guest

I cannot remeber which year it was, think it was the end of the ninties, but legislation was put in place to ensure all new buildings had to have an 8 person passenger lift fitted, so as to not discriminate against disabled staff getting to the office required.
Your landlord is discriminating against your disabled staff to try and get you out of the building, tell them that they have a legal obligation to supply and ensure the lift is in reasonable working order.
bob youel  
#3 Posted : 18 January 2010 15:02:37(UTC)
Rank: Super forum user
bob youel

To support you get hold of your local DDA group, the local EHO's and the fire service [Possibly the HSE?], and the LA re landlord duties [as landlords have duties via landlord law irrespective of contract law] to name but a few and if you have any kind of decent legal support they should be able to get some good comphensation for your company
firesafety101  
#4 Posted : 18 January 2010 15:24:27(UTC)
Rank: Super forum user
firesafety101

Does your employer have a Solicitor on tap? If so ask them, if not it could be a good idea to find one who specialises in DDA, I'm sure a letter from a solicitor would get the lift repaired.
Wotsits  
#5 Posted : 18 January 2010 19:12:55(UTC)
Rank: Forum user
Wotsits

Part 3 of the Disability Discrimination Act places a duty on those providing goods, facilities or services ("service providers") and those selling, letting or managing premises. The act makes it unlawful for service providers to discriminate against disabled people in this provision.

The facilities in this instance are the serviced offices which you and your employees occupy.

Lack of a lift to an upper floor is known as a barrier to access. In making facilities on the upper floor available to disabled persons, the landlord would be expected to make reasonable adjustment to the barrier to access - i.e. fix the lift.

The test for reasonable adjustment is similar to the H&S reasonably practicable test - considering effectiveness, practicality, cost and disruption. Whether the repair of the lift is considered reasonable would depend on the length remaining on your lease or until the arrival of any break clause, consideration of any alternative management arrangements he's managed to implement and how much the repair would cost. This will also need to be considered in terms of the financial resources available to the landlord.

I hope this is a starting point for you at the least.
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