Making social housing more accessible 

The importance of accessibility in social housing has been illustrated by a recent report that an elderly couple in London were ‘trapped’ in their property because their lift was constantly breaking down.  This would happen several times a month, sometimes for over a week at a time, leaving them prisoners in their own apartment. As one of the residents had a serious health condition, the lift outage resulted in multiple missed hospital appointments. 

The story underscores the importance of accessibility in social housing. Not only can inaccessibility halt daily life, but it can also become a serious threat to a tenant’s wellbeing. Social housing landlords need to understand their responsibilities when it comes to making reasonable adjustments to improve accessibility. Ensuring compliance with the law can maximise tenant outcomes and safeguard their wellbeing, whilst avoiding costly penalties.  

Why do landlords need to make properties more accessible? 

While an estimated 16.8 million disabled people live in the UK, only 13 per cent of homes meet basic accessibility criteria. For social houses, one in five disabled people live in unsuitable accommodation, according to government surveys. These statistics show there is a clear gap between the accessibility needs of disabled tenants and existing social housing provisions.  

Under the Equality Act 2010, social housing landlords must make reasonable adjustments so disabled people can use their services, if requested. A reasonable adjustment is a change a social housing landlord makes to a service, policy or property that helps to minimise a disadvantage experienced by a disabled person. While social housing landlords need to ensure reasonable adjustments are implemented in primary residences, they should also consider the suitability of temporary accommodations when decanting tenants. 

What counts as a reasonable adjustment? 

Reasonable adjustments can be difficult as they are open to interpretation. Requests are typically weighed against affordability, practicality and tenancy length to determine if they are reasonable. The volume of adjustments a landlord is expected to make can be commensurate with earnings. For example, if you have many properties and a high turnover, you might be expected to make more adaptations than landlords with smaller budgets. The practicality of adjustments should be considered, as changes need to be feasible to implement and effective in reducing the disadvantage experienced by a disabled tenant. Depending on the length of tenancy, social housing landlords might also need to evaluate whether property modifications would be disruptive to future tenants. 

A reasonable adjustment could be something as simple as a tenancy agreement in large print if a tenant has poor eyesight, or could involve landlords installing handrails and shower rails for someone with mobility issues. Reasonable adjustments might also include auxiliary aids, which are additional services or equipment. These aids can include wheelchair ramps, accessible door handles, accessible taps or special furnishings for a property. 

When it comes to implementing a reasonable adjustment, social housing landlords are expected to cover the costs. Tenants might offer to cover some of the expenses, but requests that are considered reasonable cannot usually be expected to be shared with tenants. 

An unreasonable alteration is often classified as one that would result in major physical changes to a property, when the landlord is not willing to do so.  

What happens if landlords do not meet their obligations? 

Failure to make reasonable adjustments for tenants with disabilities might count as discrimination under the Equality Act 2010. Tenants can take legal action in the County Court for compensation and damages for injured feelings, or report social housing landlords to the Housing Ombudsman. If tenants sue landlords for unlawful disability discrimination, courts can award substantial damages for financial loss and emotional distress. Likewise, complaints to the Housing Ombudsman can result in orders for housing adjustments to be made and financial compensation. 

What are some health and safety considerations? 

Aside from legal compliance, landlords need to ensure social houses are accessible to prevent severe risks to health and safety. Under the Housing Act 2004, social landlords are responsible for maintaining safe housing standards and addressing hazards in their properties, with Awaab’s Law adding stricter timeframes for remedying certain dangers. Should a tenant need to be decanted to comply with Awaab’s Law, the accessibility of the temporary accommodation must match the tenant’s requirements as closely as possible.  

Poor accessibility can pose many health and safety risks to tenants with long-term health conditions or impairments. For example, blocked fire escape routes, narrow doorways or an absence of wheelchair ramps can trap disabled tenants in buildings during a fire. Buildings without working stairlifts or lifts might force tenants to climb stairs unsafely, increasing their risk for falls and injuries. Where tenants are confined to their property due to inaccessibility, their wellbeing might be impacted by depression and anxiety, alongside added risks of malnutrition. 

Speak to a legal professional  

We encourage social housing landlords to speak to a legal professional to make sure they are successfully carrying out their duty of making reasonable adjustments. What counts as a ‘reasonable adjustment’ is judged case by case, with many factors that can impact legal compliance. Our experts can advise you where your responsibilities as a social housing landlord lie, so you can improve tenant outcomes and reduce scrutiny from the Housing Ombudsman. We can also advise on eligibility for Disabled Facilities Grants to fund adaptations for social housing tenants. As getting it wrong can risk compensation claims, penalties and missed funding, early advice keeps your options open and costs lower.