C1C2C3 PART 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))
Repairs and improvements
98 Provisions as to consents required by s. 97.
1
If a question arises whether the withholding of a consent required by virtue of section 97 (landlord’s consent to improvements) was unreasonable, it is for the landlord to show that it was not.
2
In determining that question the court shall, in particular, have regard to the extent to which the improvement would be likely—
a
to make the dwelling-house, or any other premises, less safe for occupiers,
b
to cause the landlord to incur expenditure which it would be unlikely to incur if the improvement were not made, or
c
to reduce the price which the dwelling-house would fetch if sold on the open market or the rent which the landlord would be able to charge on letting the dwelling-house.
3
A consent required by virtue of section 97 may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.
4
Where a tenant has applied in writing for a consent which is required by virtue of section 97—
a
the landlord shall if it refuses consent give the tenant a written statement of the reason 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