SCHEDULES
SCHEDULE 4Premises: reasonable adjustments
2The duty in relation to let premises
1
This paragraph applies where A is a controller of let premises.
2
A must comply with the first and third requirements.
3
For the purposes of this paragraph, the reference in section 20(3) to a provision, criterion or practice of A’s includes a reference to a term of the letting.
4
For those purposes, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who—
a
is a tenant of the premises, or
b
is otherwise entitled to occupy them.
5
In relation to each requirement, the relevant matters are—
a
the enjoyment of the premises;
b
the use of a benefit or facility, entitlement to which arises as a result of the letting.
6
Sub-paragraph (2) applies only if A receives a request from or on behalf of the tenant or a person entitled to occupy the premises to take steps to avoid the disadvantage or provide the auxiliary aid.
7
If a term of the letting that prohibits the tenant from making alterations puts the disabled person at the disadvantage referred to in the first requirement, A is required to change the term only so far as is necessary to enable the tenant to make alterations to the let premises so as to avoid the disadvantage.
8
It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature.
9
For the purposes of this paragraph, physical features do not include furniture, furnishings, materials, equipment or other chattels in or on the premises; and none of the following is an alteration of a physical feature—
a
the replacement or provision of a sign or notice;
b
the replacement of a tap or door handle;
c
the replacement, provision or adaptation of a door bell or door entry system;
d
changes to the colour of a wall, door or any other surface.
10
The terms of a letting include the terms of an agreement relating to it.