173.Section 16 extends only to England and Wales. Subsection (1) inserts a new Part 5B (Improvements to let dwelling houses) into the DDA. New section 49G of the DDA makes new procedural and evidential provision with regard to consent to improvements to let dwelling houses. A ‘dwelling house’ is a broad term with an established legal meaning as premises (which could be a house, a part of a house, or a flat) which are suitable for all the major activities of life. New section 49G applies to all leases of residential property other than those which concern a protected tenancy, a statutory tenancy or a secure tenancy (to which similar rights already apply by virtue of the Housing Acts 1980 and 1985). It applies where a lease or tenancy agreement provides that a tenant may make improvements to the premises with the landlord’s consent. Where the lease prohibits the making of improvements absolutely, the tenant could seek a reasonable adjustment of the terms of the letting under new sections 24A to 24E (inserted by section 13) where those terms have the effect of making it impossible or unreasonably difficult for the disabled person to enjoy the premises.
174.New section 49G(2) to (6) set out a number of new procedural and evidential rights which apply where⎯
a disabled person is tenant or lawful occupier of the premises,
the dwelling house is their only or principal home,
the tenant is entitled under the lease to make improvements to the premises with the consent of the landlord,
the tenant applies to the landlord to make a ‘relevant improvement’, and
the lease does not already provide for those rights.
By subsection (7), an improvement is a relevant improvement if, having regard to the disabled person’s disability, it is likely to facilitate his enjoyment of the premises he rents (for example, a grab rail or a walk-in shower). ‘Improvement’ is defined in subsection (9), using similar terms to those used in the Housing Acts 1980 and 1985.
175.New section 49H of the DDA makes provision for the Disability Rights Commission (“DRC”) to make arrangements to provide conciliation services in relation to a dispute of any description concerning the question whether it is reasonable for a landlord to withhold his consent to making of a relevant improvement to a dwelling house. Therefore, conciliation services may be provided where any question arises as to the unreasonable withholding of consent to a relevant improvement, whatever the legal basis for the dispute. For example, it could be an improvement dispute under the express terms of the lease or any dispute arising from the application of the following provisions: section 19(2) of the Landlord and Tenant Act 1927; sections 81 to 85 of the Housing Act 1980; sections 97 to 99 of the Housing Act 1985; or new section 49G of the DDA. Disputes under the new premises provisions (sections 24A to 24L) as inserted by section 13 may be conciliated by virtue of existing section 28 (conciliation of disputes) of the DDA.
176.Section 16(2) amends section 53A of the DDA to enable the DRC to issue codes of practice giving practical guidance to landlords and tenants with regard to consent to the making of relevant adjustments (including the application of the other legislation listed in new section 53A(1E) concerning tenants’ improvements) and circumstances in which a landlord’s refusal of consent to an improvement is unreasonable.
177.Section 53A is also further amended by paragraph 28 of Schedule 1 so that a court must take account of any provision of the code of practice which appears relevant in any proceedings relating to a relevant improvement, for example in proceedings under section 53 of the Landlord and Tenant Act 1954 which gives a county court, concurrently with the High Court, jurisdiction to make a declaration as to whether a landlord has unreasonably withheld consent to the making of an improvement (even where the tenant seeks no other relief in the proceedings). See also section 86 of the Housing Act 1980 and section 110 of the Housing Act 1985 concerning a county court’s power to make a declaration in cases about improvements to premises let under a protected, statutory or secure tenancy.
178.Section 16(3) amends section 7 of the Disability Rights Commission Act 1999 (provision of assistance in relation to proceedings) to enable the DRC to provide assistance to a tenant or lawful occupier in any proceedings relating to the making of a relevant improvement to a let dwelling house.