(1)In the 1995 Act, after Part 5A (which is inserted by section 3 of this Act) there is inserted—
(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.
(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.”
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Textual Amendments
F1S. 16(2)(3) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 91, 93, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(c)(d) (with art. 3)
Commencement Information
I1S. 16 wholly in force at 4.12.2006; s. 16 not in force at Royal Assent see s. 20(3); s. 16(2) in force at 30.6.2005 by S.I. 2005/1676, art. 2(1)(b); s. 16 fully in force at 4.12.2006 by S.I. 2005/2774, art. 4(d)