Part 5BImprovements to dwelling houses

49GImprovements to let dwelling houses

1

This section applies in relation to a lease of a dwelling house if—

a

the tenancy is not a protected tenancy, a statutory tenancy or a secure 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;

“lease” includes a sub-lease or other tenancy, and “landlord” and “tenant” must be construed accordingly;

“protected tenancy” has the same meaning as in section 1 of the Rent Act 1977;

“statutory tenancy” must be construed in accordance with section 2 of that Act;

“secure tenancy” has the same meaning as in section 79 of the Housing Act 1985.

49HConciliation of disputes

1

The Disability Rights Commission 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 3 must be construed as a reference to a dispute mentioned in subsection (1) above;

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 49G.