SCHEDULE 6E+WREASONABLENESS OF WITHHOLDING CONSENT ETC.

PART 3E+WCIRCUMSTANCES WHICH MAY BE RELEVANT TO REASONABLENESS IN RELATION TO PARTICULAR TRANSACTIONS

Section 114: transfer to potential successor in relation to a secure contractE+W

11(1)This paragraph applies if a contract-holder under a secure contract seeks the landlord's consent to a transfer of the contract to a potential successor in accordance with section 114.E+W

(2)Where this paragraph applies the following circumstances (in addition to those in Part 2) must be taken into account (to the extent that they are relevant)—

(a)the probable effect of giving consent as regards the persons who may in future be qualified to succeed to the occupation contract, and

(b)the period for which the occupation contract is likely to continue in force if one or more of those persons do succeed to it.

12(1)This paragraph applies if a contract-holder under a secure contract seeks the landlord's consent to a transfer of the contract to a potential successor in accordance with section 114.E+W

(2)If the landlord considers that the probable effect of giving consent is to lengthen substantially the period during which the occupation contract is likely to continue in force, it is reasonable for the landlord to impose the condition mentioned in sub-paragraph (3).

(3)The condition is that the potential successor is to be treated for the purposes of this Act as a priority successor or as a reserve successor in relation to the occupation contract.

Commencement Information

I2Sch. 6 para. 12 in force at 1.12.2022 by S.I. 2022/906, art. 2