Disability adaptations in rented homes: your rights

If you are disabled and living in a rented property, you may have the right to ask your landlord to make adaptations, changes to the property that help you live there more safely and comfortably. This article explains the legal framework, what landlords must and cannot do, and where to get help with the cost.

Can I ask my landlord to make adaptations?

Yes. Under the Equality Act 2010, landlords must make reasonable adjustments for disabled tenants. However, the duty is more limited for adaptations that require physical changes to the property than for other types of adjustment.

For physical adaptations, ramps, grab rails, widened doorways, stairlifts, the key right is found in the Housing Act 1988 (as amended) for private tenants and in regulations for social tenants: you have the right to ask, and the landlord must not withhold consent unreasonably.

What does "not withhold consent unreasonably" mean?

For assured tenants in the private sector, the landlord is generally required to consider requests for adaptations fairly. Refusing to allow reasonable adaptations that would assist a disabled person living in the property, without good reason, may be unlawful discrimination.

Factors the landlord may legitimately take into account include:

• The nature of the works and whether they are structurally feasible
• Whether the works would cause undue disruption to the building or other occupiers
• Whether the tenant agrees to reinstate the property at the end of the tenancy (for cosmetic or reversible changes)

The landlord cannot simply refuse because they do not want changes made. An unexplained refusal, or one based on the tenant's disability itself, is likely to be discriminatory.

What about social housing tenants?

For social housing tenants (council and housing association), landlords have a stronger duty to facilitate adaptations, particularly for registered disabled tenants. Social landlords are also often able to apply for Disabled Facilities Grants (DFGs) on behalf of tenants, which can fund significant works.

Social landlords should have a clear adaptations policy. If yours does not respond to a reasonable request, this may form the basis of a formal complaint.

What is a Disabled Facilities Grant?

A Disabled Facilities Grant (DFG) is a means-tested grant available through your local council to help fund adaptations in your home if you are disabled. The grant can cover a wide range of works:

• Ramps and level access
• Bathroom and toilet adaptations
• Stair lifts and through-floor lifts
• Widening of doorways
• Heating and lighting adaptations for people with sensory impairments

The grant is available to both owners and tenants. For tenants, the landlord's consent is usually required as a condition of the grant. The council will generally approach the landlord if you apply.

Maximum grant amounts and means-testing thresholds vary across England.

Does my landlord have to fund adaptations themselves?

Not necessarily. The duty is not to fund all adaptations at the landlord's own expense in every case, it is to not withhold consent unreasonably and to cooperate with grant-funded or tenant-funded works where reasonable.

Where works are funded by a Disabled Facilities Grant or by the tenant themselves, the landlord's role is primarily to agree to the works going ahead and to allow reinstatement discussions at the end of the tenancy if appropriate.

What if the landlord refuses?

If your landlord refuses a reasonable request for adaptations:

1. Put your request in writing and ask for their reasons
2. If the refusal is without good reason, consider making a formal complaint
3. Contact the Equality Advisory and Support Service (EASS) for advice on discrimination
4. Apply for a Disabled Facilities Grant through your local council, which can sometimes prompt engagement from the landlord
5. Seek advice from a disability rights or housing charity

In some cases, refusal to allow adaptations needed by a disabled tenant may amount to discrimination under the Equality Act 2010, which can be pursued at a civil court or tribunal.

When should I contact Support for Tenants?

We handle housing disrepair claims. If a landlord's failure to maintain the property is making your disability harder to manage, for example, a broken lift in a block, persistent damp causing respiratory problems, or an unrepaired heating system, this may form part of a disrepair claim. Call us.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Equality Act 2010 (legislation.gov.uk)
• Housing Grants, Construction and Regeneration Act 1996 (Disabled Facilities Grants) (legislation.gov.uk)