Housing Act 1985

94 Consent to subletting. E+W

(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.