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The Housing (Northern Ireland) Order 1983

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Tenant's improvementsN.I.

34.—(1) It is by virtue of this Article a term of every secure tenancy that the tenant will not make any improvement without the written consent of the landlord.

(2) An application for the consent required by virtue of paragraph (1) shall be in writing and such consent—

(a)is not to be unreasonably withheld; and

(b)if unreasonably withheld, shall be treated as given.

(3) In this Chapter “improvement” means any alteration in, or addition to, a dwelling-house and includes—

(a)any addition to, or alteration in, landlord's fixtures and fittings and any addition or alteration connected with the provision of any services to a dwelling-house; and

(b)the carrying out of external decoration.

(4) If any question arises whether the withholding of a consent required by virtue of paragraph (1) was unreasonable it is for the landlord to show that it was not; and 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.

(5) A consent required by virtue of paragraph (1) may be validly given notwithstanding that it follows, rather than precedes, the action requiring it and may be given subject to a condition.

(6) Where the tenant has applied for a consent which is required by paragraph (1) then—

(a)if the landlord refuses to give the consent it shall give to the tenant a written statement of the reasons why the consent was refused; and

(b)if the landlord neither gives nor refuses to give the consent within a reasonable time, the consent shall be taken to have been withheld, and if the landlord gives the consent but subject to an unreasonable condition, the consent shall be taken to have been unreasonably withheld.

(7) If any question arises whether a condition attached to a consent was reasonable, it is for the landlord to show that it was.

(8) Any failure by the tenant to satisfy any reasonable condition imposed by the landlord in giving consent to an improvement which the tenant proposes to make, or has made, shall be treated for the purposes of this Chapter as a breach by the tenant of an obligation of his tenancy.

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