The Equality Act 2010 (Disability) Regulations 2010

Modification of Schedule 21 E+W+S

14.—(1) In relation to any case where the occupier occupies premises under a sub-tenancy, the provisions of Schedule 21 to the Act shall have effect as if they contained the following modifications.

(2) In paragraph 3(3) and (4) and 4(1), for “the landlord” substitute “ the immediate landlord ” in each place it occurs.

(3) After paragraph 3(3), insert the following sub-paragraph—

“(3A) Except to the extent to which it expressly so provides, any superior lease in respect of the premises shall have effect in relation to the landlord and tenant who are parties to that superior lease as if it provided—

(a) for the tenant to be entitled to give his consent to the alteration with the written consent of the landlord;

(b) for the tenant to have to make a written application to the landlord for consent if he wishes to give his consent to the alteration;

(c) if such an application is made, for the landlord not to withhold his consent unreasonably; and

(d) for the landlord to be entitled to make his consent subject to reasonable conditions.”.

(4) After paragraph 4(2), insert the following sub-paragraph—

“(2A) Where the tenant of any superior lease in relation to the premises has applied in writing to his landlord for consent to the alteration and—

(a) That consent has been refused, or

(b) The landlord has made his consent subject to one or more conditions, the occupier, tenant or a disabled person who has an interest in the alteration being made may refer the matter to a county court or, in Scotland, the sheriff.”.

(5) In paragraph 5—

(a) In sub-paragraph (2), for ‘the landlord’ substitute “ any landlord (including any superior landlord) ”;

(b) In sub-paragraph (3), for paragraph (a), substitute—

“(a) must grant the request if it is made before the hearing of the complaint or claim begins, unless it considers that another landlord should be joined or sisted as a party to the proceedings.”.