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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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tenant with a disability signed new letting contract 3 months

Resolved Question:

tenant with a disability signed new letting contract 3 months ago & is now demanding we hard cover a significant area to aid his access by car right up to the cabin he rents instead of to the parking area & is threatening to sue if we dont. The cabin he lives in is in woods & he has lived there for years
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : What type of contract does he have? I assume he ha never complained before?
Alex Watts : What type of disability does he have please?
Customer: He has a standard tenancy agreement
Customer: he has a mitochondrial illness which he has had for 8 years. We recently moved into the nearby house & with that took over his tenancy. He asked for a new agreement rather than continuing with the one that was in place. Because this illness has got worse he says he now has trouble walking from his car to the cabin/barn & therefore is making the demands
Alex Watts : How far is it please? Would it be practical to do as requested?
Customer:

We looked at doing woodchip but was told it wouldnt work. It would ruin the aesthetics of the barn in the wood to hard cover the area. It is about 20m (maybe more) from where he parks to the front door

Alex Watts : Are you a business or private landlord please?
Customer: Private. We moved into the house in August & took over the tenancy then.
Customer: In addition some trees fell in the recent storm near to the barn which he has asked us to move. We had already made arrangements to get this done
Alex Watts : Yes. What I can say is that under the Equality Act business must take into account a persons disability and make reasonable adjustments.
Alex Watts : What is reasonable is a matter for a court and is subjective.
Alex Watts : Clearly as individuals letting private it would not be reasonable to do the work that the tenant is requesting.
Alex Watts : The tenant has lived in the property for some time and indeed knows if the situation.
Alex Watts : Further he must have signed the agreement to extend knowing of the condition.
Alex Watts : As such I think it would be unreasonable for you to be expected to carry out this work.
Alex Watts : He can try and take you to court for failure to make reasonable adjustments but I am of the view that he would fail.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I think that is all clear. Thank you

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