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;
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—
- a
an addition to or alteration in the landlord's fittings and fixtures;
- b
an addition or alteration connected with the provision of services to the premises;
- c
the erection of a wireless or television aerial;
- d
carrying out external decoration;
- a
“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;
“secure tenancy” has the same meaning as in section 79 of the Housing Act 1985.