Disclaimer: This guide is for informational purposes. For specific legal advice, consult a solicitor specialising in property or housing law.
As a private landlord in the UK, your duties towards disabled tenants are governed by the Equality Act 2010. Understanding and fulfilling these obligations is crucial not only for compliance but also for protecting your investment from legal claims.
Here is a concise guide covering your essential duties and practical steps to manage adaptation requests fairly and legally.
1. Reasonable Adjustments
The central principle of the Equality Act is the duty to make reasonable adjustments so that a disabled person is not put at a substantial disadvantage compared to a non-disabled person.
The Key Distinction: What You Must Do
| Type of Adjustment | Private Landlord Obligation (Part 4 of the Act) |
| Policy/Practice Adjustments | Mandatory: You must change policies or procedures if they put a disabled tenant at a disadvantage. (e.g., providing documents in large print, adjusting a ‘no pets’ policy for a guide dog). You pay the cost. |
| Auxiliary Aids | Mandatory: You must provide portable support or equipment upon request if reasonable. (e.g., tap turners, temporary grab rails that don’t need screws). You pay the cost. |
| Physical/Structural Changes | No Obligation to Pay or Perform: You are not legally required to fund or carry out the removal or alteration of a physical feature (e.g., widening a doorway or installing a permanent ramp). |
When You Can Legally Refuse Structural Changes
A private landlord can refuse to allow a structural change if:
- The alteration would be unreasonable (e.g., disproportionately expensive compared to the benefit, or unfeasible for the property).
- The tenant shares living facilities (kitchen, bathroom, living room) with the landlord or a member of the landlord’s family.
- The property is designed to house less than six tenants or two separate households, and the landlord or a family member lives there.
2. Managing Adaptation Requests
For any structural adaptation (like a stairlift or permanent ramp), the legal obligation shifts from making the change to not unreasonably withholding consent to the tenant’s request.
The Tenant’s Role
The tenant must:
- Provide an Occupational Therapist (OT) report to prove the adaptation is necessary and appropriate for their needs.
- Request your formal, written permission to carry out the alteration.
- Be prepared to pay the costs.
Your Best Practice as a Landlord
- Acknowledge and Engage: Respond promptly in writing. Ignoring the request can be legally deemed as granting consent.
- Apply for Funding: Always advise the tenant to apply for a Disabled Facilities Grant (DFG) from the local council, which can cover up to £30,000 for necessary works.
- Document and Condition Consent: If you agree, ensure your permission is formal and includes reasonable conditions. This protects you later on.
3. Protecting Your Position
The Critical Question: Who Pays for Removal?
For structural changes installed by the tenant (or via a DFG), you have the right to impose a Conditional Consent Clause in your agreement.
- The Right: You can generally stipulate that the tenant is responsible for removing the adaptation and reinstating the property to its original condition at the end of the tenancy.
- The Exception: You may waive this right if the adaptation demonstrably adds value to the property or if the cost of removal would cause the tenant significant financial hardship. Always detail this in the written consent.
The Cost of Non-Compliance
A failure to make a reasonable adjustment, or unreasonably refusing consent, is a form of disability discrimination. This carries significant financial risk in the County Court:
- Financial Risk: Discrimination claims can result in substantial compensation (damages) being awarded to the tenant for injury to feelings and financial loss.
- Mitigation: Review your Landlord Legal Expenses Insurance. Many policies offer coverage for the legal costs of defending an Equality Act discrimination claim, which is a vital risk-management step.
Landlord Risk-Mitigation Checklist
| Action | Purpose |
| Obtain OT Report | Confirms the medical necessity and scope of the request. |
| Write Conditional Consent | Legally defines the tenant’s obligations for standards of work and end-of-tenancy reinstatement. |
| Keep a Paper Trail | Retain copies of all letters, emails, the OT report, DFG details, and your consent (or refusal) for at least seven years. |
| Verify Insurance | Check that your landlord insurance policy covers the legal costs for discrimination claims. |
