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PART 3E+WPROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS

CHAPTER 9E+WLANDLORD'S CONSENT

85Application to court relating to consentE+W

(1)This section applies where under section 84 the landlord gives a written statement of reasons for refusing consent or consenting subject to conditions.

(2)The person who made the request for consent may apply to the court on the ground that⁠—

(a)the landlord's refusal of consent is unreasonable, or

(b)one or more of the conditions imposed is unreasonable.

(3)If the court is satisfied that the ground in subsection (2)(a) is made out it may declare that the landlord unreasonably refused consent, and may also—

(a)declare that the landlord is to be treated as having consented without conditions, or

(b)direct the landlord to reconsider the request for consent.

(4)If the court is satisfied that the ground in subsection (2)(b) is made out it may declare that one or more of the conditions imposed is unreasonable, and may also—

(a)declare that the landlord is to be treated as having consented without conditions or subject to those conditions that were not declared unreasonable, or

(b)direct the landlord to reconsider the request for consent.

(5)If the court makes a declaration under subsection (3) or (4) it may make any other order it thinks fit.

Commencement Information

I1S. 85 in force at 1.12.2022 by S.I. 2022/906, art. 2