Section 182
1 This Schedule applies for the purposes of Schedules 2, 4, 8, 13 and 15.
2 (1) This paragraph applies if—
(a)
30a binding obligation requires A to obtain the consent of another
person to an alteration of premises which A occupies,
(b)
where A is a controller of let premises, a binding obligation requires
A to obtain the consent of another person to a variation of a term of
the tenancy, or
(c)
35where A is a responsible person in relation to common parts, a
binding obligation requires A to obtain the consent of another person
to an alteration of the common parts.
(2) For the purpose of discharging a duty to make reasonable adjustments—
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(a)
it is always reasonable for A to have to take steps to obtain the
consent, but
(b)
it is never reasonable for A to have to make the alteration before the
consent is obtained.
(3)
5In this Schedule, a binding obligation is a legally binding obligation in
relation to premises, however arising; but the reference to a binding
obligation in sub-paragraph (1)(a) or (c) does not include a reference to an
obligation imposed by a tenancy.
(4)
The steps referred to in sub-paragraph (2)(a) do not include applying to a
10court or tribunal.
3 (1) This paragraph applies if—
(a) A occupies premises under a tenancy,
(b)
A is proposing to make an alteration to the premises so as to comply
15with a duty to make reasonable adjustments, and
(c)
but for this paragraph, A would not be entitled to make the
alteration.
(2) This paragraph also applies if—
(a) A is a responsible person in relation to common parts,
(b)
20A is proposing to make an alteration to the common parts so as to
comply with a duty to make reasonable adjustments,
(c) A is the tenant of property which includes the common parts, and
(d)
but for this paragraph, A would not be entitled to make the
alteration.
(3) 25The tenancy has effect as if it provided—
(a)
for A to be entitled to make the alteration with the written consent of
the landlord,
(b) for A to have to make a written application for that consent,
(c) for the landlord not to withhold the consent unreasonably, and
(d)
30for the landlord to be able to give the consent subject to reasonable
conditions.
(4)
If a question arises as to whether A has made the alteration (and,
accordingly, complied with a duty to make reasonable adjustments), any
constraint attributable to the tenancy must be ignored unless A has applied
35to the landlord in writing for consent to the alteration.
(5)
For the purposes of sub-paragraph (1) or (2), A must be treated as not
entitled to make the alteration if the tenancy—
(a) imposes conditions which are to apply if A makes an alteration, or
(b)
entitles the landlord to attach conditions to a consent to the
40alteration.
4 (1) This paragraph applies if, in a case within Part 3, 4, 6 or 7 of this Act—
(a)
A has applied in writing to the landlord for consent to the alteration,
and
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(b)
the landlord has refused to give consent or has given consent subject
to a condition.
(2)
A (or a disabled person with an interest in the alteration being made) may
refer the matter to a county court or, in Scotland, the sheriff.
(3)
5The county court or sheriff must determine whether the refusal or condition
is unreasonable.
(4)
If the county court or sheriff finds that the refusal or condition is
unreasonable, the county court or sheriff—
(a) may make such declaration as it thinks appropriate;
(b)
10may make an order authorising A to make the alteration specified in
the order (and requiring A to comply with such conditions as are so
specified).
5
(1)
This paragraph applies to proceedings relating to a contravention of this Act
15by virtue of section 19.
(2)
A party to the proceedings may request the employment tribunal, county
court or sheriff (“the judicial authority”) to direct that the landlord is joined
or sisted as a party to the proceedings.
(3) The judicial authority—
(a)
20must grant the request if it is made before the hearing of the
complaint or claim begins;
(b) may refuse the request if it is made after the hearing begins;
(c)
must refuse the request if it is made after the complaint or claim has
been determined.
(4)
25If the landlord is joined or sisted as a party to the proceedings, the judicial
authority may determine whether—
(a) the landlord has refused to consent to the alteration;
(b) the landlord has consented subject to a condition;
(c) the refusal or condition was unreasonable.
(5)
30If the judicial authority finds that the refusal or condition was unreasonable,
it—
(a) may make such declaration as it thinks appropriate;
(b)
may make an order authorising A to make the alteration specified in
the order (and requiring A to comply with such conditions as are so
35specified);
(c)
may order the landlord to pay compensation to the complainant or
claimant.
(6)
An employment tribunal may act in reliance on sub-paragraph (5)(c) instead
of, or in addition to, acting in reliance on section 118(2); but if it orders the
40landlord to pay compensation it must not do so in reliance on section 118(2).
(7)
If a county court or the sheriff orders the landlord to pay compensation, it
may not order A to do so.
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6
(1)
Regulations may make provision as to circumstances in which a landlord is
taken for the purposes of this Schedule to have—
(a) withheld consent;
(b) 5withheld consent reasonably;
(c) withheld consent unreasonably.
(2)
Regulations may make provision as to circumstances in which a condition
subject to which a landlord gives consent is taken—
(a) to be reasonable;
(b) 10to be unreasonable.
(3)
Regulations may make provision supplementing or modifying the
preceding paragraphs of this Schedule, or provision made under this
paragraph, in relation to a case where A’s tenancy is a sub-tenancy.
(4)
Provision made by virtue of this paragraph may amend the preceding
15paragraphs of this Schedule.
7
An expression used in this Schedule and in Schedule 2, 4, 8, 13 or 15 has the
same meaning in this Schedule as in that Schedule.