PART III Discrimination in Other Areas

Enforcement, etc.

E1I1C1C227 Alterations to premises occupied under leases.

F11

This section applies where—

a

a provider of services F2, a public authority (within the meaning given by section 21B) or an association to which section 21F applies(“the occupier”) occupies premises under a lease;

b

but for this section, F3the occupier would not be entitled to make a particular alteration to the premises; and

c

the alteration is one which the occupier proposes to make in order to comply with a section 21 duty F4or a duty imposed under section 21E or 21H.

2

Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—

a

for the occupier to be entitled to make the alteration with the written consent of the lessor;

b

for the occupier to have to make a written application to the lessor for consent if he wishes to make 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.

3

In this section—

  • “lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and

  • “sub-lease” and “sub-tenancy” have such meaning as may be prescribed.

4

If the terms and conditions of a lease—

a

impose conditions which are to apply if the occupier alters the premises, or

b

entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,

the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.

5

Part II of Schedule 4 supplements the provisions of this section.