Landlords’ duties towards disabled tenants are set out in the Equality Act 2010 (‘the Act’).
In this briefing, Jodie Green unpacks these obligations, which include a landlord's duties to make physical reasonable adjustments to a property for their disabled tenants, and not to unreasonably withhold consent to a disabled tenant’s proposed alterations to a property. Please note that a tenant's disability may be hidden; for example, certain mental health issues are legally recognised disabilities (Section 6 of the Act) ,and a landlord’s failure to comply with their duties under the Act could amount to discrimination and lead to a potentially substantial compensation claim by their tenant.
Duty to make reasonable adjustments
A landlord may be required to make physical reasonable adjustments to their property for a disabled tenant (Sections 20 and 21 of the Act).
The first issue to be determined in considering whether a landlord needs to make reasonable adjustments for a disabled tenant is whether the matter falls within Part 3 or Part 4 of the Act. The reason it is important to determine whether the matter falls within Part 3 or Part 4 of the Act is because Part 3 landlords are under a duty to make all types of anticipatory reasonable adjustments for disabled tenants, whereas Part 4 landlords are not under such onerous anticipatory duties (see Section 20 of the Act).
Generally speaking, local authorities and housing associations fall within Part 3 of the Act, as they are considered to be ‘exercising a public function’ i.e. providing a service to the public. Most private landlords will fall within Part 4 of the Act, as usually they are not providing services to the public.
However, there are always exceptions to the general rule.
The Courts have held in some instances that local authorities are to be considered in certain circumstances under Part 4 of the Act. For example, in FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin), the Court held that the local authority was to be considered on this occasion under Part 4 of the Act, as the case involved the terms of a tenancy agreement (which was not considered to be a public function), rather than the allocation of social housing (which would be a public function). Some private landlords have also been considered under Part 3 of the Act. For example, in Plummer v Royal Herbert Freehold Ltd (2018), a private landlord provided a swimming pool in the building that was accessible to non-resident members, and which the Court held fell within Part 3 of the Act, as the landlord was providing a service to the public.
Part 4 landlords are only under a duty to make reasonable adjustments that do not involve removing or altering a physical feature of the property, and only upon receiving a direct request from their disabled tenant i.e. this is not an anticipatory duty (see Schedule 4, Para 2(8) of the Act). However, upon request by a disabled tenant, a Part 4 landlord could be required under the Act to carry out some limited steps that don’t involve removing or altering a physical feature of the property, to include; provision of a sign, replacement of a tap or door handle, replacement of a door bell or door entry system, or changes to the colour of a wall or door (see Schedule 4, Para 2(9) of the Act). So, for example if a disabled tenant of a landlord under Part 4 asked for physical reasonable adjustments to be made to the property to stop noise nuisance, the landlord would not be under a duty to install a new noise deadening floor, but the landlord would be required to put up new noise deadening furnishings.
Landlords and tenants can apply for Disabled Facilities Grants of up to £30,000 from the local authority to help towards the cost of adapting properties for the needs of a disabled person.
Duty to provide consent to alterations
It is also important for landlords to be aware of their duties under the Act upon receiving applications for consent for alterations from disabled tenants, where the alterations are required due to the tenant’s disability. The landlord is likely to be under a duty further to Section 20(3) of the Act to not unreasonably withhold consent - even in some circumstances to absolute prohibitions against alterations - or otherwise could be failing to make reasonable adjustments for their disabled tenant (Smailes and Payner-Smailes v Clewer Court Residents Ltd (2019, Cardiff County Court).
Disabled tenants holding Assured Shorthold Tenancies (‘ASTs’) (and some other very limited categories of tenant) are entitled to make relevant improvements to the property (for example, the installation of a grab rail) upon request to their landlord (Section 190 and Schedule 21 of the Act). The landlord is prohibited under the Act from unreasonably withholding consent to the improvements.
Conclusion
It is important for landlords to obtain legal advice early upon receiving any requests for reasonable adjustments or consent for alterations from disabled tenants, to ensure they are aware of the extent of their duties under the Act and to limit any potential exposure to discrimination claims.
Jodie Green is an associate in the property litigation team. She advises a broad range of clients with housing and property disputes, and regularly supports both landlords and tenants in relation to discrimination claims brought under the Act.
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