F9F11Part 5BImprovements to dwelling houses
Pt. 5B (ss. 49G, 49H) inserted (E.W.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 16(1), 20(3)-(6), S.I 2005/2774, {art. 4(d)}
E149CF10Exceptions from section 49A(1)
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49CF9Improvements to let dwelling houses
1
This section applies in relation to a lease of a dwelling house if—
a
the tenancy is not a secure tenancy or a regulated tenancy;
b
the tenant or any other person who lawfully occupies or is intended lawfully to occupy the premises is a disabled person;
c
the person mentioned in paragraph (b) occupies or is intended to occupy the premises as his only or principal home;
d
the tenant is entitled under the lease to make improvements to the premises with the consent of the landlord; and
e
the tenant applies to the landlord for his consent to make a relevant improvement.
2
If the consent of the landlord is unreasonably withheld it must be taken to have been given.
3
Where the tenant applies in writing for the consent—
a
if the landlord refuses to give consent, he must give the tenant a written statement of the reason why the consent was withheld;
b
if the landlord neither gives nor refuses to give consent within a reasonable time, consent must be taken to have been withheld.
4
If the landlord gives consent to the making of an improvement subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld.
5
In any question as to whether—
a
the consent of the landlord was unreasonably withheld, or
b
a condition imposed by the landlord is unreasonable,
it is for the landlord to show that it was not.
6
If the tenant fails to comply with a reasonable condition imposed by the landlord on the making of a relevant improvement, the failure is to be treated as a breach by the tenant of an obligation of his tenancy.
7
An improvement to premises is a relevant improvement if, having regard to the disability which the disabled person mentioned in subsection (1)(b) has, it is likely to facilitate his enjoyment of the premises.
8
Subsections (2) to (6) apply to a lease only to the extent that provision of a like nature is not made by the lease.
9
In this section—
“improvement” means any alteration in or addition to premises and includes—
- a
any addition to or alteration in landlord's fittings and fixtures,
- b
any addition or alteration connected with the provision of services to the premises,
- c
the erection of a wireless or television aerial, and
- d
the carrying out of external decoration;
- a
“lease” includes a sub-lease or other tenancy, and “landlord” and “tenant” must be construed accordingly;
“regulated tenancy” has the same meaning as in the Rent (Northern Ireland) Order 1978 (NI 20);
“secure tenancy” has the meaning given by Article 25 of the Housing (Northern Ireland) Order 1983 (NI 15).
E249DF10Power to impose specific duties
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49DF9Conciliation of disputes
1
The Equality Commission for Northern Ireland may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to a dispute of any description concerning the question whether it is unreasonable for a landlord to withhold consent to the making of a relevant improvement to a dwelling house.
2
Subsections (2) to (8) of section 28 apply for the purposes of this section as they apply for the purposes of that section and for that purpose a reference in that section to—
a
a dispute arising under Part III must be construed as a reference to a dispute mentioned in subsection (1);
b
arrangements under that section must be construed as a reference to arrangements under this section.
3
“Relevant improvement” has the same meaning as in section 49C.
49EF10Duties under section 49D: compliance notices
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49FEnforcement of compliance notices
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49GImprovements to let dwelling houses
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49HConciliation of disputes
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49IF8Conciliation of disputes: rented housing in Scotland
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Pt. VB (ss. 49C, 49D) inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 16(1); S.R. 2006/466, art. 2(2)(j)