Equality Act 2010: implications for the world of property

Updated November 2010

The new Equality Act 2010, which came into force on 1st October 2010, aims to consolidate existing anti-discrimination legislation and form a single approach to dealing with discrimination relating to age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation (known as "protected characteristics").

Prior to the Equality Act 2010, the anti-discrimination provisions in relation to property were set out in the Equality Act 2006 and the Disability Discrimination Act 1995.

Under the Equality Act 2006, there was a duty not to discriminate against potential buyers or tenants on the grounds of religious belief or sexual orientation when selling or letting a property, or against tenants when managing a property.

The Disability Discrimination Act 1995 contained the following duties:

• on service providers to make reasonable adjustments;
• on landlords not to unreasonably refuse consent to DDA alterations;
• on landlords or property managers to change procedures or provide aids; and
• on property owners and managers not to discriminate against disabled occupiers particularly in relation to evictions.

The Equality Act 2010 still contains the above duties (that were previously in the Equality Act 2006 and the Disability Discrimination Act 1995), but now also contains duties:

• to make reasonable adjustments to assist disabled people; and
• to consent to alterations to common parts of buildings containing residential units.

Duty to make reasonable adjustments

Where the failure to make such adjustments would put a disabled person at a substantial disadvantage, reasonable adjustments may need to be made in relation to leasehold and commonhold premises, and common parts. The duty to make reasonable adjustments applies to both the landlord and the person who manages the property.

The duty to make reasonable adjustments can include the following:

• changing how things are done;
• changing a physical feature; or
• providing an auxiliary aid.

If commercial or residential premises are let, a landlord or manager may have to make reasonable adjustments following a request from a disabled tenant or occupier of those premises. The duty only extends to making adjustments in terms of how things are done or the provision of an auxiliary aid; physical features do not have to be adjusted. If commercial or residential premises are to be let, a landlord or manager may have to make reasonable adjustments in response to a request from a disabled person who is considering taking a letting of those premises. The duty extends to making adjustments to how things are done or the provision of an auxiliary aid. Again, physical features do not have to be adjusted.

In relation to common parts, the duty only relates to the physical features of the common parts of buildings that contain residential units. Again, it only applies when a request to make adjustments is received from a disabled resident. Common parts are defined as the structure and exterior of the building and the common facilities within or used in connection with the building. The landlord must consult those people who will also be affected by the alteration before implementing the disabled tenant's request. The landlord and the requesting tenant must agree between them who is to pay the cost of making the changes, and for the maintenance and reinstatement of the common parts, should the tenant leave the premises.

Penalties for non-compliance

Failure to comply with the duty to make reasonable adjustments is discrimination against the disabled person and a landlord or manager in breach of this duty could face civil proceedings and be ordered to pay damages for discrimination, including injuries to feelings.

Practical advice

Discrimination can take many forms and may be unintentional or caused by lack of awareness of current legislation.

Landlords and managers of premises may wish to:

• review the state of the premises and all existing policies and procedures;
• identify any areas at risk of being found to be non-compliant with the new Act;
• plan a strategy to become and stay compliant and implement new policies to achieve this; and
• where relevant, ensure employees are also aware of their obligations.

For further information please contact Maria Connolly.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at November 2010. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.