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Part 4 E+W+SPremises

Reasonable adjustmentsE+W+S

36Leasehold and commonhold premises and common partsE+W+S

(1)A duty to make reasonable adjustments applies to—

(a)a controller of let premises;

(b)a controller of premises to let;

(c)a commonhold association;

(d)a responsible person in relation to common parts.

(2)A controller of let premises is—

(a)a person by whom premises are let, or

(b)a person who manages them.

(3)A controller of premises to let is—

(a)a person who has premises to let, or

(b)a person who manages them.

(4)The reference in subsection (1)(c) to a commonhold association is a reference to the association in its capacity as the person who manages a commonhold unit.

(5)A responsible person in relation to common parts is—

(a)where the premises to which the common parts relate are let (and are not part of commonhold land or in Scotland), a person by whom the premises are let;

(b)where the premises to which the common parts relate are part of commonhold land, the commonhold association.

(6)Common parts are—

(a)in relation to let premises (which are not part of commonhold land or in Scotland), the structure and exterior of, and any common facilities within or used in connection with, the building or part of a building which includes the premises;

(b)in relation to commonhold land, every part of the commonhold which is not for the time being a commonhold unit in accordance with the commonhold community statement.

(7)A reference to letting includes a reference to sub-letting; and for the purposes of subsection (1)(a) and (b), a reference to let premises includes premises subject to a right to occupy.

(8)This section does not apply to premises of such description as may be prescribed.

Commencement Information

I1S. 36 partly in force; s. 36 not in force at Royal Assent see s. 216; s. 36(1)(a)-(c)(2)-(4)(7)(8) in force at 1.10.2010 by S.I. 2010/2317, art. 2(4)(b)