Part 13Disability: miscellaneous

I1189Reasonable adjustments

Schedule 21 (reasonable adjustments: supplementary) has effect.

190Improvements to let dwelling houses

1

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

a

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

F1aa

the tenancy is not a secure contract in relation to which the landlord is a local authority;

b

the tenant or another person occupying or intending to occupy the premises is a disabled person;

c

the disabled person occupies or intends to occupy the premises as that person's only or main home;

d

the tenant is entitled, with the consent of the landlord, to make improvements to the premises;

e

the tenant applies to the landlord for consent to make a relevant improvement.

2

Where the tenant applies in writing for the consent—

a

if the landlord refuses to give consent, the landlord 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 unreasonably withheld.

3

If the landlord gives consent subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld.

4

If the landlord's consent is unreasonably withheld, it must be taken to have been given.

5

On any question as to whether—

a

consent was unreasonably withheld, or

b

a condition imposed was 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 the tenancy.

7

An improvement to premises is a relevant improvement if, having regard to the disabled peron's disability, it is likely to facilitate that person's enjoyment of the premises.

8

Subsections (2) to (7) apply only in so far as provision of a like nature is not made by the lease.

9

In this section—

  • “improvement” means an alteration in or addition to the premises and includes—

    1. a

      an addition to or alteration in the landlord's fittings and fixtures;

    2. b

      an addition or alteration connected with the provision of services to the premises;

    3. c

      the erection of a wireless or television aerial;

    4. d

      carrying out external decoration;

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

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

  • “statutory tenancy” is to be construed in accordance with section 2 of that Act;

  • F2“secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act);

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