16672435
Descripción
| Pregunta | Respuesta |
| outline the general definitions of disability and discrimination | Disability: - They have a physical or mental impairment -The impairment has substantial and long term adverse effect on their ability to perform normal day to day activities |
| describe how the legislation impacts on others connected to a disabled person | The equality act 2010 means the a carer or someone connected to a disabled person cannot be discriminated against. |
| explain the adjustments that an agent would be expected to make | Make reasonable adjustments depending on: - Practicality of works - Resources agents has - restrictions relating to the building Further would be: -Documentation - Audio tapes - reading documents aloud to the individual |
| explain what constitutes consent or refusal for improvements and allowable and justified discrimination | requirements include: - Tenancy is not protected, statutory or secure tenancy - Tenant or another is disabled - is the disabled person main and principal home - the tenant is entitled to make improvements with consent from landlord - the tenant applies to the landlord for consent to make the improvements Both parties must put in writing their decision and the request or refusal must be reasonable. A landlord can impose conditions. |
| explain the adjustments that a landlord would be expected to make | The law doesn't have a blanket policy for a landlord to make adjustments. Any adjustments should be reasonable. There are factors which affect this: - Length of tenancy - Type of disability - Resources of landlord - How effective changes would be - The practicality POLICIES PROPERTY PROCESSES |
| An applicant comes into the office and says they are disabled, due to the fact they have badly fractured their leg, which means they will be off work for two to three months. How would the law interpret this statement? | While the applicant does have a physical impairment which they say will impact on their ability to work for two to three months, this is not likely to be regarded as a disability in terms of the law. The impairment has to be substantial and adversely affect them for 12 months or more, preventing them from accomplishing everyday activities such as eating, washing, walking or shopping. This would not be the situation in this particular case. |
| An agency's high street office is accessed by a couple of steps, so a door bell has been installed at street level with a sign inviting people to ring if they need assistance with getting into the office. A frail, elderly landlord cannot get up the steps, says that the bell is not sufficient and that the agency is in breach of disability discrimination by not making the access easy for everyone to use. Is this likely to be correct? | An agent is required to carry out reasonable adjustments to their premises to accommodate those with a disability. Factors relating to 'reasonable' would depend on whether planning consent would be needed, how much it would cost to undertake and how much work would be needed. The agent would not be seen to be discriminating if it was not possible to remove or alter the steps. A bell has been provided so that assistance can be requested. Whether this would be sufficient would depend on the circumstances of the case. |
| An applicant says they would like to take a property on your books for a 12-month fixed term tenancy, but would require some alterations which they say they will pay for themselves. They provide a list of what they intend to do, which includes taking out the bath and putting in a wet room shower installation, which would include changing the tiling and flooring. The landlord is not at all happy, and thinks the property will be harder to let next time. What is your advice? | There are several issues here that have to be considered. It would be discrimination for a landlord to refuse to allow a tenant to carry out work at their own expense, but it would be reasonable for the landlord to put conditions on the work. This could include the standards for the work to be done in order to prevent any leaks or damp damage, and the requirement to reinstate the property afterwards. If the tenant accepted these conditions, they could be incorporated into the tenancy agreement to make sure they are binding. If the tenant had caused damage, it can be claimed under the deposit at the end of the tenancy. |
| A couple are looking to take a property. Their son is wheelchair-bound and is a full-time teacher at a boarding school where he stays. He visits his parents most weekends and school holidays, so they ask if they can pay for adjustments to the property. The landlord is very reluctant. Does the landlord have to agree to the request? A landlord wants you to manage their three-bedroomed property They confirm that their son will be living there and want you to find two other sharers. You advertise the property and receive an application from someone who is registered blind, but does have some very limited sight. They request that the landlord allows their guide dog and installs various aids that will assist him around the property. Is the landlord obligated under the Act to do so? | In this situation, the landlord is not obliged to make changes or allow changes to be made. if adjustments are to be made to a property, the Act includes the requirement for the property to be the disabled person's main and principal home, and this is not the case. |
| A landlord wants you to manage their three-bedroomed property. They confirm that their son will be living there and want you to find two other sharers. You advertise the property and receive an application from someone who is registered blind, but does have some very limited sight. They request that the landlord allows their guide dog and installs various aids that will assist him around the property. Is the landlord obligated under the Act to do so? | The landlord is not obligated under the Act to carry out any adjustments or works, as the property is deemed to be a small dwelling. There is not sufficient accommodation to allow for any more than the landlord's son and an occupier in each bedroom. |
| You have a potential client who has just bought a Victorian terraced property and is worried about what he may have to do under disability discrimination. Outline what obligations, consents and exemptions may apply in the event of a disabled applicant wanting a property., or an existing tenant becoming disabled. | 1 |
| What are the progressive conditions why are protected under the equality act 2010? | - Cancer - multiple sclerosis -HIV |
| What is a 'small dwelling' under the context of the discrimination and disability? | Relative or someone lives in it and is let out. Exempt from making adjustments |
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