The Disability Discrimination Act 2005 - further developments

The Disability Discrimination Act 2005 received Royal Assent on 7 April 2005. The Act amends the Disability Discrimination Act 1995, introducing provisions that will affect providers of transport, public authorities, membership of private clubs and letting of premises. The Act also extends the definition of disability in the 1995 Act to include people who have some forms of cancer, HIV/AIDS and multiple sclerosis.

On the real estate front, the Act will strengthen tenants’ rights to make reasonable, disability related alterations to their homes. Leases of houses/flats that currently prohibit alterations will, once the Act comes into force, be interpreted as preventing landlords from unreasonably withholding consent to an improvement that is likely to facilitate the disabled person’s enjoyment of the premises. The disabled person can be the tenant or any other person who lawfully occupies the premises. The tenant would still have to approach the landlord for consent but this could