Helen Thomas, Partner
There’s a debate going on in the property sector.
In a welcome break from talk about the economy, people are discussing the Disability Discrimination Act (DDA). Specifically, whose responsibility it is to make sure that, in the design and layout of buildings in which services are provided, disabled people aren’t discriminated against.
The Act says that providers of services to the public must make reasonable adjustments to their premises to prevent discrimination. These adjustments could include removing or altering physical features which make access difficult or impossible. The debate now is about who the Act means when it talks about “service providers”. landlords or tenants?
The answer, I’m afraid, depends on the context. The service provider could be the landlord or it could be the tenant, or it could be both. But here’s our DDA perspective:
Landlords
A landlord who owns, for example, a shopping centre is likely to be responsible for maintaining public areas which provide access to multiple let shopping units. As members of the public are allowed into the shopping centre, then the landlord is probably the service provider in respect of these areas. A suitable service charge provision should therefore be factored into the lease, allowing the landlord to recover the cost of any works triggered by the DDA.
Tenants
Leases tend to include a cover-all provision requiring the tenant to carry out all works necessary to ensure that the property is statute compliant. A tenant should be certain that the property they wish to take on meets DDA requirements, otherwise they are likely to have to pay to put things right. This obligation will affect tenants of new leases as well as those taking an assignment of existing leases and is likely to have a major cost implication in dilapidations at the expiry of the term.
For more information, contact me Helen Thomas, Managing Property Partner, or a member of our commercial property team on 029 2047 4498 or email h.thomas@capitallaw.co.uk.
