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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife and I live in an owner occupied leasehold flat in

Resolved Question:

My wife and I live in an owner occupied leasehold flat in a complex of 38 similarly occupied flats. My wife has become disabled with a neurological condition that is degenerative and progressive, and is now in a wheelchair. Our flat is on the ground floor, but there are 6 wide steps leading to the door into the shared area. The local authority has assessed that my wife needs a ramp in order to exit and access our flat ,their surveyor has said that he is able to spend up to 1K in order to provide a ramp.
I requested our Management Committee if they would agree to the Local Authority to looking at the situation. Subsequently the Chairman said that the committee had discussed my request, and had decided that they refused permission on the grounds that this complex was private and therefore exempt from the Disabled Access legislation. I would be grateful view on this situation. The complex is obviously open to the public insofar that visitors come and go, as do the postman, the parcel delivery people, the pizza delivery man etc. etc. The comment was made when I asked what we could do in the event that my wife could not leave our flat, and I was told move! I was also told that the Board of Directors did not want the complex turning into a haven elderly and disabled!
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : Sadly they are wrong. If they are offering a service which they are, they need to consider adjustments to help under the Equality Act 2010
Alex Watts : If it was a very old building and would destroy the character they could refuse.
Alex Watts : but on the basis it is private is not enough. They have a duty to consider the request and give detailed reasons.
Alex Watts : You should write and complain, setting out they have a duty to consider.
Alex Watts : if that fails you can contact the Equality and Human Rights commission and see if they can assist.
Alex Watts : Their website is http://www.equalityhumanrights.com
Alex Watts : Can I clarify anything about this today please?
Customer:

Thank you advice, which I shall follow.

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