Part 2Leasehold reform
C1Chapter 1Right to manage
Exercising right
I198 Functions relating to approvals
1
This section and section 99 apply in relation to the grant of approvals under long leases of the whole or any part of the premises; but nothing in this section or section 99 applies in relation to an approval concerning only a part of the premises consisting of a flat or other unit not held under a lease by a qualifying tenant.
2
Where a person who is—
a
landlord under a long lease of the whole or any part of the premises, or
b
party to such a lease otherwise than as landlord or tenant,
has functions in relation to the grant of approvals to a tenant under the lease, the functions are instead functions of the RTM company.
3
Accordingly, any provisions of the lease making provision about the relationship of—
a
a person who is landlord under the lease, and
b
a person who is party to the lease otherwise than as landlord or tenant,
in relation to such functions do not have effect.
4
The RTM company must not grant an approval by virtue of subsection (2) without having given—
a
in the case of an approval relating to assignment, underletting, charging, parting with possession, the making of structural alterations or improvements or alterations of use, 30 days’ notice, or
b
in any other case, 14 days’ notice,
to the person who is, or each of the persons who are, landlord under the lease.
5
Regulations increasing the period of notice to be given under subsection (4)(b) in the case of any description of approval may be made by the appropriate national authority.
6
So far as any function of a tenant under a long lease of the whole or any part of the premises—
a
relates to the exercise of any function which is a function of the RTM company by virtue of this section, and
b
is exercisable in relation to a person who is landlord under the lease or party to the lease otherwise than as landlord or tenant,
it is instead exercisable in relation to the RTM company.
7
In this Chapter “approval” includes consent or licence and “approving” is to be construed accordingly; and an approval required to be obtained by virtue of a restriction entered on the register of title kept by the Chief Land Registrar is, so far as relating to a long lease of the whole or any part of any premises, to be treated for the purposes of this Chapter as an approval under the lease.
Pt. 2 Ch. 1: power to amend conferred (20.1.2007 for specified purposes, otherwise 1.10.2009) by Companies Act 2006 (c. 46), ss. 1181(1)(b), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 5, 6, 8, Schs. 1, 5); S.I. 2008/2860, art. 3(v) (with arts. 5, 7, 8, Sch. 2)