Rank: Forum user
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Hi there, can some confirm that a Landlord of a commercial premises that let their building to tenants that would not be classed as service providers for example a IT company that have not MOP visit the building will only need to take reasonable adjustments.
An obligation to make reasonable adjustments where a disabled person is placed at a ‘substantial disadvantage’ is also imposed on landlords or managers of premises which are let or to be let. It has effect in relation to residential and commercial premises.
In contrast to service providers, the obligation only kicks in when a request is made by a disabled tenant/occupier.
See is for the common parts only?
If they were service providers in the building as tenants then the Landlord would have to do it for the common parts as Anyone who provides goods, services or facilities to the public or who exercises a public function is under a duty to make reasonable adjustments where a disabled person is placed at a substantial disadvantage in comparison to a non-disabled person.
Or does the Landlord require to make reasonable adjudtments to common areas no matter what type of tenant???
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Rank: Forum user
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Just read that and it is a bit muddled, sorry but in a rush and should of read it through prior to posting.
Basically I am asking if Landlords have a duty to make reasonable adjustments for common areas no matter what type of tenant is in place, even if the tenant is deemed not a 'service provider'.
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Rank: Super forum user
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It does not matter if the tenant is a service provider or not, he simply rents the premises. He rents the premises as they are so any adjustments need to be agreed with the landlord and he also pays for the changes. He can't expect the landlord to make any changes simply because the tenent requires them. This is not really a H&S topic unless the changes are to do with emergency escapes, even then it is up to the tenent to ensure the premises are suitable before he rents them. Anyone wanting to rent property should think about this before he lets the premioses, but if already rented there you go, its outside the terms of the rental contract.
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Rank: Forum user
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This is for residential common areas;
If a disabled tenant or occupier who uses or intends to use premises in a building as his or her main home requests physical changes to common parts to reduce or avoid a disadvantage suffered in comparison with non-disabled people the landlord must within a reasonable time consult all others likely to be affected by the changes and having considered the views of those consulted, take whatever steps are reasonable to avoid the disadvantage. If changes to the common parts are considered reasonable the landlord must first enter a written agreement with the disabled person setting out their respective obligations in relation to the works.
The agreement can provide that the disabled person organises and pays for the works and for restoration of the common parts when the disabled person leaves the property. The agreement will bind the landlord’s successors- but apparently not the disabled person’s successors. So the landlord may wish to insist the works are reinstated before the disabled person leaves.
Are you stating that in regards to commercial properties the Landlord has no responsibility unless requested by tenant. If so why do I see a lot of Landlords pay for consultants to do DDA access audits?
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