Auxiliary aids for people with disabilities

The right to adapt provision allows tenants to apply to their landlord for consent to carry out work to adapt their home. [1].

Under this provision, tenants have no right to be reimbursed for the cost of the work or compensated if the work improves the value of the property. If, however, the work required to the property could be classed as an auxiliary aid, the landlord may have a duty to carry this out her/himself.

An auxiliary aid refers to a variety of reasonable adjustments that could be made to a property that would allow a tenant with a disability to make better use of, or benefit further from, facilities that the tenant is entitled to under their lease.

An auxiliary aid would not include features that are described as 'physical', for example the alteration of the design or construction of the property. Nor would they include 'mobility' aids such as walking sticks. Instead, an auxiliary aid would cover things like furniture and furnishings.

The legislation implies that auxiliary aids are to include:

• the removal, replacement or provision of any furniture, furnishings, materials, equipment or other chattels

• the replacement or provision of any signs or notices

• the replacement of any taps or door handles

• the replacement, provision or adaptation of any door bell, or door entry system

• changes to the colour of any surface (for example, a wall or door) [2]

The tenant must make a request to the landlord of the property to provide an auxiliary aid. If the request is a reasonable one, then the landlord must take steps to provide the auxiliary aid for her/his tenant. [3]

In considering whether the request from the tenant is a reasonable one, the landlord should take into account two conditions:

• Will the auxiliary aid allow the tenant to enjoy or make better use of the property, and, if the auxiliary aid was not provided, would it be unreasonably difficult for that person to enjoy or use the property?

• Would the auxiliary aid allow the tenant to make better use of any facility s/he is entitled to under the lease, and, if the auxiliary aid was not provided, would it be unreasonably difficult for that person to enjoy or use the facilities to which their lease entitles them?

The landlord cannot unreasonably withhold consent for an auxiliary aid.

The Equality and Human Rights Commission may be able to arrange conciliation services if there is a dispute regarding a landlord's refusal to provide the requested auxiliary aid(s).

If the tenant is unhappy with the landlord's decision because permission has been refused, or a condition has been attached to permission, s/he can appeal by summary application to the Sheriff Court within six months of being notified of the decision. The sheriff can hear a late appeal if there is a good cause.

The sheriff's decision is final.

The Equality and Human Rights Commission may also be able to provide advice and representation to tenants wishing to appeal.

Landlords are only required to make reasonable adjustments; there are some cases where this requirement does not apply. There is an exemption from the legislation for small premises.

For a property to meet the small premises exemption, the following conditions must be fulfilled:

• The landlord or a near relative must live on the premises and intend to continue living there.

• The landlord or near relative will share some of the accommodation with the tenant.

• There is, in addition to the accommodation occupied by the landlord or near relative, accommodation for no more than two other separate households if the property is divided into separate lettings, or for no more than six other people in the case of a boarding house. [4]