C1C2C3PART IV SECURE TENANCIES AND RIGHTS OF SECURE TENANTS
Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)
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.
S. 47, 48, 50, 51, Pt. IV(ss. 79–117) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61