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[F1Part 5B E+W+SImprovements to dwelling houses

Annotations:

Amendments (Textual)

F1Pt. 5B (ss. 49G, 49H) inserted (E.W.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 16(1), 20(3)-(6), S.I 2005/2774, {art. 4(d)}

49GImprovements to let dwelling housesE+W

(1)This section applies in relation to a lease of a dwelling house if—

(a)the tenancy is not a protected tenancy, a statutory tenancy or a secure tenancy,

(b)the tenant or any other person who lawfully occupies or is intended lawfully to occupy the premises is a disabled person,

(c)the person mentioned in paragraph (b) occupies or is intended to occupy the premises as his only or principal home,

(d)the tenant is entitled under the lease to make improvements to the premises with the consent of the landlord, and

(e)the tenant applies to the landlord for his consent to make a relevant improvement.

(2)If the consent of the landlord is unreasonably withheld it must be taken to have been given.

(3)Where the tenant applies in writing for the consent—

(a)if the landlord refuses to give consent, he 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 withheld.

(4)If the landlord gives consent to the making of an improvement subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld.

(5)In any question as to whether—

(a)the consent of the landlord was unreasonably withheld, or

(b)a condition imposed by the landlord is 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 his tenancy.

(7)An improvement to premises is a relevant improvement if, having regard to the disability which the disabled person mentioned in subsection (1)(b) has, it is likely to facilitate his enjoyment of the premises.

(8)Subsections (2) to (6) apply to a lease only to the extent that provision of a like nature is not made by the lease.

(9)In this section—