# The Equality Act 2010 (Disability) Regulations 2010, Regulation 10: Landlord withholding consent


(1) This regulation prescribes particular circumstances in which a relevant landlord (L) is to be taken, for the purposes of Schedule 21 to the Act, to have withheld consent for alterations to premises.
(2) Subject to paragraph (3), L is to be taken to have withheld such consent where, within the period of 42 days beginning with the date on which L receives the application for consent, L—
(a) fails to reply consenting to or refusing the alteration; or
(b) (i) replies consenting to the alteration subject to obtaining the consent of another person required under a superior leave or pursuant to a binding obligation, but
(ii) fails to seek that consent.
(3) L is not to be taken to have withheld consent for the purposes of paragraph (2) where—
(a) the applicant fails to submit with the application such plans and specifications as it is reasonable for L to require before consenting to the alteration, and
(b) within the period of 21 days beginning with the date on which he receives the application, L replies requesting the applicant to submit such plans and specifications.
(4) However, where such plans and specifications are submitted to L in response to a request made in accordance with paragraph (3)(b), L shall be taken to have withheld consent to the alteration where, within the period of 42 days beginning with the date on which he receives those plans and specifications L—
(a) fails to reply consenting or refusing the alteration; or
(b) (i) replies consenting to the alteration subject to obtaining the consent of another person required under a superior lease or pursuant to a binding obligation, but
(ii) fails to seek that consent.
(5) L, who having sought the consent of the other person referred to in paragraphs (2)(b) or (4)(b), receives that consent, shall be taken to have withheld consent to the alteration where, within the period of 14 days beginning with the day on which he receives the consent, L fails to inform the applicant in writing that it has been received.
(6) L who, but for the requirements as to time, complies with the requirements of paragraphs (2), (4) or (5) shall be taken to have withheld consent until such time as he so complies.
(7) For the purposes of this regulation—
(a) L is to be treated as not having sought another's consent unless he—
(i) has applied in writing to that person indicating that—
(aa) the occupier has applied for consent to the alteration of the premises in order to comply with a second requirement duty; and
(bb) L has given his consent conditionally upon obtaining the other person's consent; and
(ii) submits to that other person any plans and specifications which have been submitted to L;
(b) “to reply” means to reply in writing.

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Source: https://www.legislation.gov.uk/uksi/2010/2128/regulation/10 (the official version)
Page: https://openlegislation.uk/equality-act-2010-disability-regulations-2010/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

