The Disability Discrimination (Employment Field) (Leasehold Premises) Regulations 2004

Modification of section 18A and Part I of Schedule 4

9.  In relation to any case where the occupier occupies premises under a sub-lease or sub-tenancy, the provisions of section 18A of and Part I of Schedule 4 to the Act shall have effect as if they contained the following modifications—

(a) in section 18A, for “the lessor” substitute “his immediate landlord” where it occurs in subsection (2)(a) and (b), and “the immediate landlord” where it occurs in subsection (2)(c) and (d) and subsection (4);

(b) after section 18A(2) insert—

“(2A) Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that superior lease as if it provided—

(a) for the lessee to have to make a written application to the lessor for consent to the alteration;

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

(c) for the lessor to be entitled to make his consent subject to reasonable conditions.”;

(c) in paragraph 2 of Schedule 4, at the end insert—

“(10) In this paragraph and paragraph 3, references to a lessor include any superior landlord.”.