(1)The court may, on the application of an entitled partner or any other person having an interest, make an order dispensing with the consent of a non-entitled partner to a dealing which has taken place or a proposed dealing, if—
(a)such consent is unreasonably withheld,
(b)such consent cannot be given by reason of physical or mental disability, or
(c)the non-entitled partner cannot be found after reasonable steps have been taken to trace that partner.
(2)For the purposes of subsection (1)(a), a non-entitled partner has unreasonably withheld consent to a dealing which has taken place or a proposed dealing, where it appears to the court either—
(a)that the non-entitled partner—
(i)has led the entitled partner to believe that the non-entitled partner would consent to the dealing, and
(ii)would not be prejudiced by any change in the circumstances of the case since the conduct which gave rise to that belief occurred, or
(b)that the entitled partner has, having taken all reasonable steps to do so, been unable to obtain an answer to a request for consent.
(3)The court, in considering whether to make an order under subsection (1), is to have regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3).
(4)Where—
(a)an application is made for an order under this section, and
(b)an action is or has been raised by a non-entitled partner to enforce occupancy rights,
the action is to be sisted until the conclusion of the proceedings on the application.