The Federation of Private Residents’ Associations (FPRA) is a not-for-profit advice, support and lobbying organisation for private residential leaseholders, tenants’ and residents’ associations and residential management companies, including those companies where the leaseholders together own the freehold of their own residential block. Our comments therefore are from the perspective of private residential leaseholders and the residents’ associations and management companies that they have formed to run their residential blocks. We were a participant in the Review Group on Common Parts, and consulted by the Office for Disability Issues concerning the proposals to legislate for disability-related improvements to common parts of let residential premises contained within the proposals for the Single Equality Act. The majority of residents’ associations and management companies are run by volunteers from the body of tenants or leaseholders who give of their time freely and it is this type of organisation on whom duties under The Equality Act 2010 falls in their role as “landlord and manager”. It is therefore essential in our view to minimise the burdens and complexities of the Disability Living Allowance and provide clear and unambiguous advice to supplement any changes. Code of Practice In terms of the proposals in respect of common parts, we consider that providing a statutory Code of Practice will be very important. The requirement on landlords to act reasonably in deciding whether or not to meet a request for a disability-related alteration will be very relevant to our members. Potential Difficulties Whilst we welcome the extension of the rights of disabled people, we have identified a number of potential difficulties associated with introducing the Equality Act in respect of common parts. These include conflicting demands from various disabled residents with different disability needs (for example visibility-related alterations may not be compatible with mobility-related alterations), the need to comply with fire safety and other regulations which apply to common parts and control matters such as emergency exit routes (Regulatory Reform (Fire Safety) Order 2005) and the actual practicalities of installing and maintaining the disability-related alteration. An audit of all other legislation affecting common parts and its relationship with the proposed changes should be carried out to identify and address potential conflicts and difficulties. We consider that with each of these potential difficulties there are also potential liability issues for landlords/managers and this needs to be recognised as do the consequent financial impacts. For example, the introduction of apparatus on to stairways may impact on insurance costs for landlords both in terms of occupier's liability and fire safety risk. Costs to the Disabled Person It follows from the above, that the disabled person requesting the alteration must be required to meet all reasonable additional costs to which the landlord/manager will be subjected as a result of the alteration. The removal of the alteration and/or any making good to the common parts needs to be explicitly included in the proposal as being potentially required by the landlord/manager. At present only reasonable maintenance costs are mentioned in addition to the actual cost of the alteration itself. There are potentially additional insurance costs, consequential additional health and safety costs, cleaning costs, energy costs and so on. These additional and consequential costs must all be able to be recovered from the tenant requesting the alteration so that they do not fall on the other leaseholders to be recovered from the general service charge account. Ownership of the Alteration The landlord/manager retains ownership of the common parts and grants rights to the tenants to use those areas in common with others. Office for Disability Issues' stated that the landlord and tenant should be able to negotiate whether or not an alteration should be treated as a tenant's fixture. We are very concerned about this and hope that it does not form part of the final legislation in respect of common parts. The landlord/manager needs total control over all the common parts because of all of the obligations and liabilities that exist in respect of those areas imposed either through legislation or under the lease. Of course, there would be nothing to stop a landlord/manager offering back the alteration (e.g. a stair lift) to a tenant who is leaving the property where appropriate or practically possible. Best Regards Bob Smytherman Chairman The Federation of Private Residents Associations Ltd. Disclaimer: - FPRA only advises our member associations - we cannot and do not act for them. Opinions and statements offered orally and in writing are given free of charge and in good faith and as such are offered without legal responsibility on the part either of the maker or of FPRA Ltd. All questions and answers are passed to our newsletter and website editors and may be published (without name details) to help other members. The FPRA is a non-political, not-for-profit advice, support and lobbying organisation for our members who include private residential leaseholders, tenants' and residents' associations and residential management companies as well as those companies where the leaseholders together own the freehold of their own residential block. This email was sent from The Federation of Private Residents Associations Ltd. A Non Profit Company limited by guarantee. Registered number 1992130 Direct E-mail. Bob@fpra.org.uk Twitter. http://twitter.com/FoPRA Main Office. The Federation of Private Residents Associations Ltd, P O Box 10271 EPPING Essex CM16 9DB Telephone Number; 0871 200 3324 (normal national rates apply) email. info@fpra.org.uk. web. www.fpra.org.uk. Why not save paper & only print emails that you really need printing. ********************************************************************** This document is strictly confidential and is intended only for use by the addressee. 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