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Landlords, tenants and agents encouraged to respond to the government's consultation on the implementation of s.36(1)(d) Equality Act 2010

The government has invited landlords, tenants, managing and letting agents (amongst others) to provide their opinions and views on the implementation of s.36(1)(d) in the Equality Act 2010. This forms part of the government's wider disability and levelling up agenda.

The consultation document can be found here but very briefly implementation will extend the right of a disabled tenant or leaseholder (or any other individual entitled to live in the property in question) to request and require their landlords to make reasonable adjustments to the common parts of their residential premises. A duty for landlords to allow or make reasonable adjustments within a premises already exists. This consultation focuses on extending this duty to the common parts. Where the landlord does not own the common parts, it is suggested that any request would be passed on to the superior landlord.

The legislation already allows for a landlord to require or insist that the person making the request agrees to funding any such adjustment, agrees to an ongoing contribution to the maintenance costs and/or agrees to the removal or restoration of the building when they leave.

The implementation of this legislation could have an effect on many and we would suggest that those who are likely to be affected engage with the consultation to have their views heard. If this section of the Equality Act is implemented it is likely that the supporting guidance will be influenced by the responses to this consultation. The progression of this consultation will undoubtedly be of particular interest to landlords generally, freeholders and even those who own mixed use commercial properties as they may also be required to process and handle these requests.

The consultation closes at 11:45pm on 18th August 2022.


real estate