The Residential Landlords Association has given a cautious reception to the new Disability Discrimination Act.

The leading professional association – whose members own over 100,000 private rented properties throughout the UK – is sympathetic with the special needs of disabled tenants but concerned about the timing of the new legislation.

“Landlords are still a little shell-shocked from the effects of the Housing Act,” says the association’s lawyer and lobbying team leader, Richard Jones. “It’s not be the best time to hit them once again with even more potentially heavy costs.

“The Housing Act, which was implemented in the Spring, requires ‘houses in multiple occupation’ to be licensed for up to £2,300 each, the government wants a wash hand basin to be provided in every bedroom, and there are costs associated with new fire, health and safety regulations as well as the imminent arrival of the Tenancy Deposit Scheme next year. 

“The Disability Act does not, thank goodness, require the alteration or removal of physical features that are part of the design or construction of a building. But, where necessary, landlords and property managers can expect having to supply portable ramps or adapting furniture, furnishings, equipment, door handles, taps, doorbells and entry systems, signs, notices, or even surface colours in order to make them more easily used by disabled people.

“And landlords cannot pass on these costs to the tenant - they have to absorb them as yet more overheads. And this is bound to become a contributory factor to an overall increase in rents as well as a decrease in accommodation over the next few years.”

The Disability Act, which came into force on 4 December, protects disabled adults and children from discrimination and requires landlords, like employers, to make ‘reasonable adjustments’ for them.

This could involve providing aids or services and changing practices, policies or procedures including large print tenancy agreements, sign language interpreters or simply sitting down with a tenant and explaining something carefully rather than writing to them.

A parking policy may have to be changed to allow for an essential motor vehicle. Or a letting condition may need to be amended to allow a guide dog.

And failure to comply could lead to court proceedings, claims for damages and the loss of an HMO licence.

“So,” says Richard Jones, “the Disability Act has come at the end of a less than perfect year for private sector landlords. They seem to have been the small businesses worst hit by complex and costly new legislation. Whilst these measures may be welcome for the disabled they impose yet another burden.

“Sooner or later it won’t be the tenant that is disabled but the landlord - crippled by a broken back caused by the weight of bureaucracy.”