Section 21.
SCHEDULE 3Terms of Secure Tenancy Relating to Subletting etc.
1A secure tenant who wishes to assign, sublet or otherwise give up to another person possession of the dwelling-house which is the subject of the secure tenancy or any part thereof or take in a lodger shall serve on the landlord an application in writing for the landlord's consent, giving details of the proposed transaction, and in particular of any payment which has been or is to be received by the tenant in consideration of the transaction.
2In relation to an application under paragraph 1 above, the landlord may consent, or may refuse his consent, provided that he may not refuse his consent unreasonably.
3(a)The landlord shall serve on the tenant notice in writing of his consent or refusal, and in the case of refusal the reasons therefor, within one month of receipt of the application.
(b)where the landlord fails to serve a notice in accordance with paragraph (a) above within the period therein mentioned, he shall be deemed to have consented to the application.
4A tenant who is aggrieved by a refusal (other than a refusal on the grounds provided for ill section 21(2) of this Act) may raise proceedings by summary application in the sheriff court of the district in which the dwelling-house is situated.
5In proceedings under paragraph 4 above, the sheriff shall order the landlord to consent to the application unless it appears to him that the refusal is reasonable.
6In deciding whether a refusal is reasonable the sheriff shall have regard in particular to—
(a)whether the consent would lead to overcrowding of the dwelling-house in such circumstances as to render the occupier guilty of an offence under section 89 of the [1966 c. 49.] Housing (Scotland) Act 1966 ; and
(b)whether the landlord proposes to carry out works on the dwelling-house or on the building of which it forms part so that the proposed works will affect the accommodation likely to be used by the sub-tenant or lodger who would reside in the dwelling-house as a result of the consent.