F9F11Part 5BImprovements to dwelling houses

Annotations:
Amendments (Textual)
F11

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—

    1. a

      any addition to or alteration in landlord's fittings and fixtures,

    2. b

      any addition or alteration connected with the provision of services to the premises,

    3. c

      the erection of a wireless or television aerial, and

    4. d

      the carrying out of external decoration;

  • 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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