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Right to Adapt Rented Houses
76. Section 52 gives a private sector tenant the right to carry out work to adapt the house, either to meet the needs of a disabled occupant or to install central heating and other energy efficiency measures under Executive programmes. This right is subject to the landlord's consent, which cannot be withheld unreasonably and may be subject to reasonable conditions. The landlord is not expected to incur cost or loss of property value in connection with the works. The tenant can appeal to the sheriff against the landlord's refusal of consent or imposition of conditions.
77. The new right to carry out adaptations to meet the needs of a disabled occupant is part of a package of improved provision for disabled people (see also the relevant parts of the scheme of assistance). The provisions in the Act will improve the housing contribution to the Joint Futures approach to co-ordinating the help given to disabled people by housing, social work and health services.
78. The Disability Rights Commission will publish a Code of Practice which will provide practical guidance on the interpretation and implementation of these provisions and similar provisions that apply in England and Wales. The Code will also apply to requests to social landlords for consent for the tenant to make similar adaptations. The Code requires to be taken into account by a court hearing an appeal against a landlord's decision. The Equality Act 2006 gives the Commission the function of making such a Code and powers to provide assistance to tenants and mediation services in connection with the right.
Scottish Executive approach
79. This aspect of the Act will be taken forward by staff within the Housing and Regeneration Group of the Scottish Executive.
80. The key steps in implementation will be
- working with the Disability Rights Commission to put in place support arrangements
- awareness raising among landlords and tenants.
81. The relevant sections of the Act (including appeal provisions) and the Commission's powers will come into effect on 4 December 2006.
Local authority role
82. A local authority will have to consider applications for assistance to carry out adaptations where a tenant is exercising this right. A landlord may require that the house be reinstated to the condition it was in before the adaptation was carried out; in such cases the local authority will have to consider applications for assistance to carry out works of reinstatement. See the section on the scheme of assistance for further details. A local authority may also be asked to provide information to tenants and landlords on the exercise of this right.
Local authority preparation
83. A local authority should bear issues relating to the right to adapt in mind when deciding its approach to the scheme of assistance (see below).
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