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SCHEDULES

Prospective

SCHEDULE 21E+W+SReasonable adjustments: supplementary

Landlord's consentE+W+S

3(1)This paragraph applies if—E+W+S

(a)A occupies premises under a tenancy,

(b)A is proposing to make an alteration to the premises so as to comply with 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)A 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)The 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)for 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 to 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 alteration.