SCHEDULES

SCHEDULE 21Reasonable adjustments: supplementary

Section 189

Preliminary

1

This Schedule applies for the purposes of Schedules 2, 4, 8, 13 and 15.

Binding obligations, etc.

2

1

This paragraph applies if—

a

a binding obligation requires A to obtain the consent of another person to an alteration of premises which A occupies,

b

where A is a controller of let premises, a binding obligation requires A to obtain the consent of another person to a variation of a term of the tenancy, or

c

where A is a responsible person in relation to common parts, a binding obligation requires A to obtain the consent of another person to an alteration of the common parts.

2

For the purpose of discharging a duty to make reasonable adjustments—

a

it is always reasonable for A to have to take steps to obtain the consent, but

b

it is never reasonable for A to have to make the alteration before the consent is obtained.

3

In this Schedule, a binding obligation is a legally binding obligation in relation to premises, however arising; but the reference to a binding obligation in sub-paragraph (1)(a) or (c) does not include a reference to an obligation imposed by a tenancy.

4

The steps referred to in sub-paragraph (2)(a) do not include applying to a court or tribunal.

Proceedings before county court or sheriff

4

1

This paragraph applies if, in a case within Part 3, 4, 6 or 7 of this Act—

a

A has applied in writing to the landlord for consent to the alteration, and

b

the landlord has refused to give consent or has given consent subject to a condition.

2

A (or a disabled person with an interest in the alteration being made) may refer the matter to F1the county court or, in Scotland, the sheriff.

3

The county court or sheriff must determine whether the refusal or condition is unreasonable.

4

If the county court or sheriff finds that the refusal or condition is unreasonable, the county court or sheriff—

a

may make such declaration as it thinks appropriate;

b

may make an order authorising A to make the alteration specified in the order (and requiring A to comply with such conditions as are so specified).

Joining landlord as party to proceedings

5

1

This paragraph applies to proceedings relating to a contravention of this Act by virtue of section 20.

2

A party to the proceedings may request the employment tribunal, county court or sheriff (“the judicial authority”) to direct that the landlord is joined or sisted as a party to the proceedings.

3

The judicial authority—

a

must grant the request if it is made before the hearing of the complaint or claim begins;

b

may refuse the request if it is made after the hearing begins;

c

must refuse the request if it is made after the complaint or claim has been determined.

4

If the landlord is joined or sisted as a party to the proceedings, the judicial authority may determine whether—

a

the landlord has refused to consent to the alteration;

b

the landlord has consented subject to a condition;

c

the refusal or condition was unreasonable.

5

If the judicial authority finds that the refusal or condition was unreasonable, it—

a

may make such declaration as it thinks appropriate;

b

may make an order authorising A to make the alteration specified in the order (and requiring A to comply with such conditions as are so specified);

c

may order the landlord to pay compensation to the complainant or claimant.

6

An employment tribunal may act in reliance on sub-paragraph (5)(c) instead of, or in addition to, acting in reliance on section 124(2); but if it orders the landlord to pay compensation it must not do so in reliance on section 124(2).

7

If F2the county court or the sheriff orders the landlord to pay compensation, it may not order A to do so.

Regulations

I16

1

Regulations may make provision as to circumstances in which a landlord is taken for the purposes of this Schedule to have—

a

withheld consent;

b

withheld consent reasonably;

c

withheld consent unreasonably.

2

Regulations may make provision as to circumstances in which a condition subject to which a landlord gives consent is taken—

a

to be reasonable;

b

to be unreasonable.

3

Regulations may make provision supplementing or modifying the preceding paragraphs of this Schedule, or provision made under this paragraph, in relation to a case where A's tenancy is a sub-tenancy.

4

Provision made by virtue of this paragraph may amend the preceding paragraphs of this Schedule.

Interpretation

7

An expression used in this Schedule and in Schedule 2, 4, 8, 13 or 15 has the same meaning in this Schedule as in that Schedule.