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Buachaill, Barrister
Category: Law
Satisfied Customers: 10983
Experience:  Barrister 17 years experience
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I am a leaseholder in a managed development of 96 apartments/town

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I am a leaseholder in a managed development of 96 apartments/town houses. The pedestrian gate is inoperable unless you are able bodied. The Management Board have not/will not address this problem (it can be sorted for £3000) do I have recourse through disability discrimination?
Thank You.

Buachaill :

1. Yes, you can have recourse to the Disability Discrimination Acts. The Act prohibits discrimination against disabled people in the management, sale or rental of premises (buildings or land). The 2005 Disability Discrimination applied the requirements of the Act to make facilities accessible to disabled people to private clubs. So you have recourse against the Management Board on the grounds of both their management of the premises and also on the grounds of making the private areas of the apartments/town houses altered to ensure access for disabled people. So you should certainly take a case if the Management Board will not alter the pedestrian gate so as to make it operable for disabled people. The Act gives disabled people the right to challenge and seek redress for discriminatory behaviour, through the County Courts or Industrial Tribunals. There is also the ability to make a complaint about the Management Board to the Disability Rights Commission which is a body with statutory powers set up under the Act.

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