SCHEDULES
SCHEDULE 21Reasonable adjustments: supplementary
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.
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.
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.