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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a disabled person non weight bearing using a hoist to

Resolved Question:

I am a disabled person non weight bearing using a hoist to be lowered into bed toileting and wheelchair.I use a foldable one around my apartment which i own and an electric one for outdoor use.I have lived in this apartment for fourteen years all this time parking the electric chair with no obstruction in the main entrance to the apartments outside my front door this because in the event of fire i would use the folding wheechair for escape as in that event storing the electric chair in my narrow interior hall would be a delaying hazard.I had a visit from the management company today informing me of a complaint from a new flat resident telling me that after fourteen years of no comment before that i had to remove the chair from the hallway and store it in the apartmemt which for the aforementioned reasons is completely impossible.Please advise me of my statuary legal rights as a severely disabled person on max disability living allowance.Sincerely ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Thankyou for your reply as long as there is no extra cost at this time please continue with your search for an appropriate expert.Many thanks Doreen Davies.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know how many years you have done this for and are there any rules preventing you usually from doing this?
Customer: replied 2 years ago.

To Alex Watts i am sorry but i do not understand your question "how many years have you done this for?"D Davies.

Customer: replied 2 years ago.

To Alex Watts i am sorry but i do not understand your question "how many years have you done this for? unless you mean how many years have you kept the wheechair in the main hallway that would be fourteen years and now according to the management company which as joint freeholders of the land on which the apartments are built we employ within our annual service charge they are objecting to the chair being left insitu .To me this contrevens disabled discrimination laws.Please investigate.Sincerely ***** *****

Expert:  Ash replied 2 years ago.
If you have been doing it for 14 years then you could argue that the Landlord/agent have accepted that you have done this and done nothing about it.
Therefore you can argue that even if there is a breach of any rules, they have accepted it.
In any event you have the Equality Act 2010 which states they must have reasonable adjustments for you if you are disabled. If allowing you to park is a reasonable adjustment then stopping you is unlawful.
I would get a local Solicitor to write to the Landlord and say that you are not breaching any rules and even if you are they have accepted the wheelchair being there for 14 years. In any event they are in breach of the Equality Act by stopping you.
That should resolve the matter.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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