Equality Act 2010

Landlord's consent E+W+S

3 (1) This paragraph applies if— E+W+S

(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.