The Disability Discrimination (Sub-leases and Sub-tenancies) Regulations 1996

• Citation: S.I. 1996/1333
• Sections: 4

Section 1 Citation and commencement

(1) These Regulations may be cited as the Disability Discrimination (Sub-leases and Sub-tenancies) Regulations 1996 and shall come into force on 7th June 1996.

Section 2 Interpretation

In these Regulations “ the Act ” means the Disability Discrimination Act 1995.

Section 3 Definition of sub-lease and sub-tenancy

For the purposes of section 16 of the Act “sub-lease” means any sub-term created out of or deriving from a leasehold interest and “sub-tenancy” means any tenancy created out of or deriving from a superior tenancy.

Section 4 Modification of section 16 and paragraph 1 of Schedule 4

Where the occupier occupies premises under a sub-lease or sub-tenancy the following modifications and additions shall have effect—

(a) (subject to paragraph (b) below), section 16 of and paragraph 1 of Schedule 4 to the Act are modified so that for references to “lessor” there are substituted references to the lessor who is the occupier’s immediate landlord;

(b) the following subsection is added to follow section 16(2) of the Act:

(2A) Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that lease as if it provided—

(i) for the lessee to have to make a written application to the lessor for consent to the alteration;

(ii) if such an application is made, for the lessor not to withhold his consent unreasonably; and

(iii) for the lessor to be entitled to make his consent subject to reasonable conditions.

(c) paragraphs 2 and 3 of Schedule 4 to the Act are modified so that references to “lessor” include any superior landlord.