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))

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.