SCHEDULE 4Premises: reasonable adjustments
The duty in relation to commonhold units
4
(1)
This paragraph applies where A is a commonhold association; and the reference to a commonhold association is a reference to the association in its capacity as the person who manages a commonhold unit.
(2)
A must comply with the first and third requirements.
(3)
For the purposes of this paragraph, the reference in section 20(3) to a provision, criterion or practice of A's includes a reference to—
(a)
a term of the commonhold community statement, or
(b)
any other term applicable by virtue of the transfer of the unit to the unit-holder.
(4)
For those purposes, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who—
(a)
is the unit-holder, or
(b)
is otherwise entitled to occupy the unit.
(5)
In relation to each requirement, the relevant matters are—
(a)
the enjoyment of the unit;
(b)
the use of a benefit or facility, entitlement to which arises as a result of a term within sub-paragraph (3)(a) or (b).
(6)
Sub-paragraph (2) applies only if A receives a request from or on behalf of the unit-holder or a person entitled to occupy the unit to take steps to avoid the disadvantage or provide the auxiliary aid.
(7)
If a term within sub-paragraph (3)(a) or (b) that prohibits the unit-holder from making alterations puts the disabled person at the disadvantage referred to in the first requirement, A is required to change the term only so far as is necessary to enable the unit-holder to make alterations to the unit so as to avoid the disadvantage.
(8)
It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature; and sub-paragraph (9) of paragraph 2 applies in relation to a commonhold unit as it applies in relation to let premises.