Obligations to disabled tenants

In the first instance, be aware that you cannot discriminate against a potential tenant on the grounds that they are disabled, even if you reckon that your property isn’t suitable for their needs. Of course, the chances of a wheelchair-bound tenant choosing your second floor flat, without a lift, and up several flights of stairs are remote. But if they want it, that’s their choice. You’ll have to object on other grounds. If you’re in any doubt, it’s well worth consulting an expert.

But don’t worry. You won’t have to undertake massive alterations to your property. You are under no obligation to move or alter anything that’s considered a “physical feature” of your property. That means anything that’s already in situ: you aren’t required to totally remodel a property to meet a disabled tenant’s needs.

You are also under no obligation to amend anything related to the “physical features” of the entrance or approach to the building or any of the fittings within the property either. For instance, there is no legal requirement to widen doors for a wheelchair user. Indeed, in many older buildings (including listed buildings) that might not be structurally or even legally possible.

A disabled tenant can request alterations. Any such request must be made in writing and must be “reasonable”. That could mean handles for mobility or other facilities. But that doesn’t mean that you as landlord are required to pay for those changes. Often that’s up for discussion between tenant and landlord. Sometimes, local social services can arrange to lend some items such as temporary ramps.

And there is money available to help with the costs of adapting a property. As a landlord you can apply on behalf of your tenant or they can apply themselves. Local authorities consider applications on a means tested basis and grants can help pay for alterations, including structural changes. But as the coalition government slashes budgets across Whitehall and cuts local authority grants, it’s probably best to get on with it and apply for any financial help now. It’s very possible that such expenditure is already in the firing line.

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