Section 190 — Equality Act 2010: Improvements to let dwelling houses

Improvements to let dwelling houses 190 1 This section applies in relation to a lease of a dwelling house if each of the following applies—

a the tenancy is not a protected tenancy, a statutory tenancy or a secure tenancy; aa the tenancy is not a secure contract in relation to which the landlord is a local authority;

b the tenant or another person occupying or intending to occupy the premises is a disabled person;

c the disabled person occupies or intends to occupy the premises as that person's only or main home;

d the tenant is entitled, with the consent of the landlord, to make improvements to the premises;

e the tenant applies to the landlord for consent to make a relevant improvement.

2 Where the tenant applies in writing for the consent—

a if the landlord refuses to give consent, the landlord must give the tenant a written statement of the reason why the consent was withheld;

b if the landlord neither gives nor refuses to give consent within a reasonable time, consent must be taken to have been unreasonably withheld.

3 If the landlord gives consent subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld.

4 If the landlord's consent is unreasonably withheld, it must be taken to have been given.

5 On any question as to whether—

a consent was unreasonably withheld, or b a condition imposed was unreasonable, it is for the landlord to show that it was not.

6 If the tenant fails to comply with a reasonable condition imposed by the landlord on the making of a relevant improvement, the failure is to be treated as a breach by the tenant of an obligation of the tenancy.

7 An improvement to premises is a relevant improvement if, having regard to the disabled peron's disability, it is likely to facilitate that person's enjoyment of the premises.

8 Subsections (2) to (7) apply only in so far as provision of a like nature is not made by the lease.

9 In this section— “ improvement ” means an alteration in or addition to the premises and includes—

an addition to or alteration in the landlord's fittings and fixtures; an addition or alteration connected with the provision of services to the premises; the erection of a wireless or television aerial; carrying out external decoration; “ lease ” includes a sub-lease or other tenancy, and “landlord” and “tenant” are to be construed accordingly; “ protected tenancy ” has the same meaning as in section 1 of the Rent Act 1977; “ statutory tenancy ” is to be construed in accordance with section 2 of that Act; “ secure contract ” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act); “ secure tenancy ” has the same meaning as in section 79 of the Housing Act 1985.