F1F3Part 5BImprovements to dwelling houses

Annotations:
Amendments (Textual)
F3

Pt. 5B (ss. 49G, 49H) inserted (E.W.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 16(1), 20(3)-(6), S.I 2005/2774, {art. 4(d)}

49CF2Exceptions from section 49A(1)

1

Section 49A(1) does not apply to—

a

a judicial act (whether done by a court, tribunal or other person); or

b

an act done on the instructions, or on behalf, of a person acting in a judicial capacity.

2

Section 49A(1) does not apply to any act of, or relating to, making or approving an Act of Parliament, an Act of the Scottish Parliament F5, a Measure or Act of the National Assembly for Wales or an Order in Council.

3

Section 49A(1)(c) and (d) do not apply to—

a

an act done in connection with recruitment to any of the naval, military or air forces of the Crown; or

b

an act done in relation to a person in connection with service by him as a member of any of those forces.

4

Regulations may provide for F4one or more specified paragraphs of section 49A(1) not to apply to an act of a prescribed description.

Annotations:
Amendments (Textual)
F2

Pt. 5A (ss. 49A-49F) inserted (E.W.S) (30.6.2005 for s. 49D for certain purposes, 5.12.2005 for s. 49A(1) for certain purposes, and 49B-49F so far as not already in force, and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 3, 20(3)-(6); S.I. 2005/1676, art. 2(2)(b); S.I. 2005/2774, arts. 3(b), 4(a) [Editorial note: The E.W.S versions of ss. 49C-49F were inserted along with the Part heading "Pt. 5A Public authorities" and should appear under that heading]

F5

Words in s. 49C(2) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 58}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F4

Words in s. 49C(4) substituted (18.4.2006) by Equality Act 2006 (c. 3), ss. 88, 93 (with s. 92); S.I. 2006/1082, art. 2(j)

49CF1Improvements to let dwelling houses

1

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

a

the tenancy is not a secure tenancy or a regulated 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—

    1. a

      any addition to or alteration in landlord's fittings and fixtures,

    2. b

      any addition or alteration connected with the provision of services to the premises,

    3. c

      the erection of a wireless or television aerial, and

    4. d

      the carrying out of external decoration;

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

  • regulated tenancy” has the same meaning as in the Rent (Northern Ireland) Order 1978 (NI 20);

  • secure tenancy” has the meaning given by Article 25 of the Housing (Northern Ireland) Order 1983 (NI 15).