Asking for adjustments to help with your disability

If you rent your home or you’re looking for somewhere to rent, you might have a right to changes that will help you live there with your disability. The Equality Act 2010 calls these changes ‘reasonable adjustments’.

Reasonable adjustments can be changes to policies, practices or terms of your agreement. They can also mean providing extra equipment or support - the law calls this auxiliary aids. The law says that a person doesn’t have to do anything that would involve removing or altering a physical feature. They also don’t have to make any changes to common parts.

It also covers other people who live with you.

If the changes have to be made, the law calls this the ‘duty to make reasonable adjustments’. It’s covered in sections 20, 21 and 36 and Schedules 4 and 5 of the Equality Act 2010.

The duty will only apply to you if you have a disability under section 6 of the Equality Act 2010. Check if you’re disabled under the Equality Act if you’re not sure.

The duty to make ‘reasonable adjustments’ doesn’t apply to every situation. You need to check:

• if the person you want to make the adjustment is covered - there are some exceptions

• what adjustments you need and if they’re covered by the duty to make reasonable adjustments

• if you can make the changes yourself or how to ask for them

• what to do if they don’t make the changes or try to evict you because you asked for them

Check who has to make adjustments

The duty to make reasonable adjustments applies to anyone who manages or rents out the property. This is called being a ‘controller’ of the premises - it will usually be your landlord or anyone who in practice has control over how the premises are let or managed.

Controllers of premises might also include property management companies and estate agents.

Who you can take action against is covered by section 36 of the Equality Act 2010. The law doesn’t currently cover action against a person responsible for common parts.

Not every person who manages or lets the property is under a duty to make reasonable adjustments under the Equality Act 2010.

The landlord, property manager or controller only has to make adjustments if you ask them to and if they’re reasonable.

If they fail to make a reasonable adjustment it’s discrimination under section 21 of the Equality Act 2010. You might be able to get the adjustments you need by making a complaint or taking legal action.

If the landlord, property manager or controller has a duty to make adjustments, they should meet the costs of complying with the duty - they shouldn’t ask you to pay or add the cost to your rent or service charge.

Check what you can ask for

The landlord, property manager or controller might have to make adjustments for you if you’re at a substantial disadvantage compared to people who don’t have a disability because of:

• a rule, practice or way of doing things - the law calls this a ‘provision, criterion or practice’

• not having extra equipment, aids or services - the law calls this an ‘auxiliary aid’

These requirements are called the first and third requirements of the reasonable adjustment duty and are covered in sections 20(3) and 20(5) of the Equality Act 2010.

A ‘provision, criterion or practice’ could include a term in your tenancy agreement or a way your landlord does things - like when or how they collect the rent.

An ‘auxiliary aid’ could include asking your landlord, property manager or controller to change some features in the home to make it easier for you to live there with your disability.

They don’t have to do something that would involve removing or altering a physical feature. Certain removable items like furniture, furnishings, materials or equipment aren’t physical features.

The following aren’t alterations to physical features:

• replacing or providing signs or notices

• replacing taps or door handles

• replacing, providing or adapting your doorbell or door entry system

• changing the colour of a wall, door or any other surface

This full rules about physical features are covered in Schedule 4, paragraph 2(9) of the Equality Act 2010.

The landlord, property manager or controller might also have to provide information in an accessible form, for example getting a copy of your tenancy agreement translated into Braille if you’re visually impaired.

If you need to make adjustments to physical features in your home

The reasonable adjustments duty only covers certain changes to your home. The duty doesn’t require your landlord to alter or remove ‘physical features’, for example structural changes, removing walls, widening doorways or installing permanent ramps.

Check your disadvantage is ‘substantial’ compared to people who aren’t disabled

You’ll first need to show that your enjoyment of the premises or the use of a benefit or facility which you get under the tenancy is being affected. For example being able to access and use a garage that’s also let with the property, or being able to live in the property comfortably without disturbance.

You’ll then need to show that you’re at a ‘substantial disadvantage’ before the landlord, property manager or controller has to make any adjustments. This means being affected in a way which is more than ‘minor or trivial’.

For example, if a rule that tenants aren’t allowed mobility scooters in the home causes a problem to someone who relies on using one, but they can get to it easily because there is space for it outside their front door, it might be so minor you won’t need an adjustment.

However, if there is no place to store it near the home and the tenant struggles to get to it, then it could be ‘more than minor or trivial’.

You’ll need to show that someone without a disability wouldn’t be affected, or would be affected less than you, by the particular rule or lack of equipment or support.

This is in section 20(3) and 20(5) and Schedule 4, paragraph 2(5) of the Equality Act 2010.

Check if they know what adjustments you need

The landlord, property manager or controller only has to make reasonable adjustments if you've asked them for adjustments. It’s important that you’re clear about what adjustments you want and why they’ll help you. It’s best to keep a record of what you’ve asked for in case you need this later.

Work out what adjustments you need

You don’t have to say what adjustments you want but it would be a good idea to think of what would help you and how it would help. You could speak to your doctor or other medical professional to see if they have any ideas about what would help you live in the home.

Think about whether your request is ‘reasonable’

The landlord, property manager or controller only has to take reasonable steps to avoid you being disadvantaged, or to provide an aid if you need one.

There’s no definition of what’s reasonable but it will depend on lots of factors like how easy it would be to make the adjustment. It could also include the resources of the landlord, property manager or controller. For example, a landlord with many properties would be expected to do more than a landlord with one.

You should also consider:

• if a particular adjustment would prevent the disadvantage for you - the more likely it is to do that, the more likely it is to be reasonable

• how long you’re likely to be in the property compared to the cost and disruption of the adjustment

• how much it will cost - a local authority might be able to spend more than a private landlord with only one property

• how difficult it will be for the landlord, property manager or controller to make the adjustment

• how difficult it will be to undo the adjustment when you leave the home

Asking your landlord or property manager for adjustments

Once you've made a request for reasonable adjustments, your landlord, property manager or controller is under a duty to make them. If you haven't asked for the reasonable adjustment yet, you should ask them. Make sure your request is polite and helpful - you’re trying to work out the best solution together.

If you’re asking for adjustments

Make sure you tell the landlord, property manager or controller about your disability and how this affects you in your home.

If the adjustments haven’t been made and you want to take it further

You have to be able to show that you - or someone on your behalf - made a request to take steps to avoid the disadvantage or provide the auxiliary aid.

It’s a good idea to explain in your request how you meet the definition of disability in section 6 of the Equality Act 2010. This will avoid the risk of them saying they don’t have to make the reasonable adjustment because you’re not covered by the Act.

Deciding how to make your request

It’s often a good idea to make an informal request first, and then make a formal one if that doesn’t work. In some cases, though, it might be better to go straight to making a formal request.

To decide whether to make a formal or informal request first, you should think about:

You might need to write a more formal letter if one or more of the following apply:

• you’ve already spoken to the landlord, property manager or controller but without success

• you need adjustments to be made urgently

• you’re asking a large organisation which is used to dealing with such requests - like a local council

If you want to make the adjustments yourself

Whether you can make the adjustments yourself depends on what your lease or tenancy agreement says.

If reasonable adjustments aren’t made after your request

If the landlord, property manager or controller refuses your request without a good a reason or they don’t make the adjustments they promised, you can take action.

If they say they can’t make the adjustment because there is a term in their own tenancy that says they can’t make alterations then you could ask them to get written consent from their own landlord to let them make the change. This is covered in Schedule 21 of the Equality Act 2010.

If they don’t reply to your request at all, it’s the same as if they have refused to make the adjustments. You’ll need to decide what to do about the discrimination.

If the landlord, property manager or controller has failed to make reasonable adjustments and you want to take legal action for discrimination, you must do so within 6 months less one day.

It’s important to know when the time limit starts to run so you know how long you have to start legal action. The time limit usually starts when they decide not to make reasonable adjustments.

If they haven’t made a decision, the time limit starts after they’ve been given a reasonable period to comply with their duty. If you’re not sure if the landlord, property manager or controller, has made a decision or the date of their decision, it might be safer to calculate the time limit from the date you made your request. This will mean you’ll be within the deadline.

If your landlord tries to evict you because you asked for adjustments

Defending an eviction when your landlord hasn’t made reasonable adjustments

You should think about whether the landlord failed to make reasonable adjustments after you asked for them. You might be able to use the landlord’s failure to make reasonable adjustments to defend the eviction.

The landlord’s failure to make reasonable adjustments could help you defend an eviction if the reason you’re being evicted is: