SCHEDULES
SCHEDULE 21Reasonable adjustments: supplementary
Landlord's consent
3
1
This paragraph applies if—
a
A occupies premises under a tenancy,
b
A is proposing to make an alteration to the premises so as to comply with a duty to make reasonable adjustments, and
c
but for this paragraph, A would not be entitled to make the alteration.
2
This paragraph also applies if—
a
A is a responsible person in relation to common parts,
b
A is proposing to make an alteration to the common parts so as to comply with a duty to make reasonable adjustments,
c
A is the tenant of property which includes the common parts, and
d
but for this paragraph, A would not be entitled to make the alteration.
3
The tenancy has effect as if it provided—
a
for A to be entitled to make the alteration with the written consent of the landlord,
b
for A to have to make a written application for that consent,
c
for the landlord not to withhold the consent unreasonably, and
d
for the landlord to be able to give the consent subject to reasonable conditions.
4
If a question arises as to whether A has made the alteration (and, accordingly, complied with a duty to make reasonable adjustments), any constraint attributable to the tenancy must be ignored unless A has applied to the landlord in writing for consent to the alteration.
5
For the purposes of sub-paragraph (1) or (2), A must be treated as not entitled to make the alteration if the tenancy—
a
imposes conditions which are to apply if A makes an alteration, or
b
entitles the landlord to attach conditions to a consent to the alteration.