C1C2C3 PART IV SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

Annotations:
Modifications etc. (not altering text)
C2

Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)

C3

Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))

Assignment, lodgers and subletting

94 Consent to subletting.

1

This section applies to the consent required by virtue of section 93(1)(b) (landlord’s consent to subletting of part of dwelling-house).

2

Consent shall not be unreasonably withheld (and if unreasonably withheld shall be treated as given), and if a question arises whether the withholding of consent was unreasonable it is for the landlord to show that it was not.

3

In determining that question the following matters, if shown by the landlord, are among those to be taken into account—

a

that the consent would lead to overcrowding of the dwelling-house within the meaning of Part X (overcrowding);

b

that the landlord proposes to carry out works on the dwelling-house, or on the building of which it forms part, and that the proposed works will affect the accommodation likely to be used by the sub-tenant who would reside in the dwelling-house as a result of the consent.

4

Consent may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.

5

Consent cannot be given subject to a condition (and it purporting to be given subject to a condition shall be treated as given unconditionally).

6

Where the tenant has applied in writing for consent, then—

a

if the landlord refuses to give consent, it shall give the tenant a written statement of the reasons why consent was refused, and

b

if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.