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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live in one flat on a site with 110. The site consists of

Customer Question

I live in one flat on a site with 110. The site consists of 5 blocks which were built about 25yearsago[long leases. There are garages and parking places but,as is common,not enough for all. my wife has a Disabled Badge . Managing Agents has designated the parking spaces as to one particular for residents and another for visitors. Have I ,under present legislation, any rights to force the landlord company {in which each flatholder owns one share] to make available "Disabled Bays" and so clearly marked? Thank you Fred E. Winter
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

On what basis do you wish to force them to do this please?
Customer: replied 3 years ago.


On the basis <I would hope, of current legislation relating to disabled persons

Expert:  Ash replied 3 years ago.
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.

If the Landlord has provided spaces for others then they may have a duty for you as well. If the Landlord had made no provision for any other tenants or visitors then no obligation would arise.

However if there are parking facilities and some have these have been designated parking for particular residents then you may have rights under the Equality Act 2010.

There are no specific requirements under the Act to make provision for a certain number of disabled car parking spaces, but consideration should be given to ensuring that there are an appropriate number of spaces that are in a sensible proximity to the relevant building and that their use is policed in some way.

There is a duty to make reasonable adjustments which alters dependent upon what status you are under the Act. The Act requires service providers to take positive steps to ensure that disabled people can access facilities and services. The duty is to make reasonable adjustments and is continuing to evolve as better solutions become available as time goes on.

Landlords of property may have duties in relation to the Act if they continue to manage common parts. They may also have an obligation to make reasonable adjustments in response to a request from a disabled tenant or occupier of the building.

Can I clarify anything for you about this today please?

Customer: replied 3 years ago.


Thank you. Is there any legislation or Case Law I can refer to to back up my request to the landlord to force him to designate disabled parking spaces?

Expert:  Ash replied 3 years ago.
Equality Act 2010

Also see:

http://www.equalityhumanrights.com/

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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

have tried hard to see what section of the equality act 2010 applies. can you help me please.

Expert:  Ash replied 3 years ago.
I have answered this on the new question for you.

Alex