The Disability Discrimination (Providers of Services) (Adjustment of Premises) Regulations (Northern Ireland) 2003

Modification of section 27 and paragraphs 5 to 7 of Schedule 4 to the Act

9.—(1) In relation to any case where the occupier occupies premises under a sub-lease or sub-tenancy, the provisions of section 27 of, and Part II of Schedule 4 to, the Act shall have effect as if they contained the following modifications.

(2) In section 27(2), for “the lessor” substitute “his immediate landlord” where it occurs in sub-paragraphs (a) and (b) and “the immediate landlord” where it occurs in sub-paragraphs (c) and (d).

(3) After section 27(2), insert the following subsection –

“(2A) Except to the extent to which it expressly so provides, any superior lease in respect of premises 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 be entitled to give his consent to the alteration with the written consent of the lessor;

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

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

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

(4) In paragraphs 5 and 6(1) of Schedule 4, for “the lessor” substitute “his immediate landlord”.

(5) After paragraph 6(1) of Schedule 4, insert the following paragraph –

“(1A) Where the lessee of any superior lease in relation to the premises has applied in writing to his lessor for consent to the alteration and –

(a) that consent has been refused, or

(b) the lessor has made his consent subject to one or more conditions,

the occupier, lessee or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court.”.

(6) In paragraphs 6(3) and 6(4) of Schedule 4, for “lessor's” substitute “immediate landlord's”.

(7) In paragraph 7 of Schedule 4 –

(a) in sub-paragraph (1), for “the lessor”, substitute “any lessor (including any superior landlord)” ;

(b) for sub-paragraph (2), substitute –

“(2) Unless it appears to the court that another lessor should be joined as a party to the proceedings, the request shall be granted if it is made before the hearing of the claim begins.”.