Lessor withholding consent11
1
For the purposes of section 16 of and Part I of Schedule 4 to the Act a lessor is to be taken to have withheld his consent to an alteration where he has received a written application by or on behalf of the occupier for consent to make the alteration and has failed to meet the requirements specified in paragraph (2).
2
The requirements are that the lessor within a period of 21 days (beginning with the day on which he receives the application referred to in paragraph (1) or such longer period as is reasonable—
a
replies consenting to or refusing the application, or
b
i
replies consenting to the application subject to obtaining the consent of another person required under superior lease or pursuant to a binding obligation; and
ii
seeks that consent.
3
A lessor who fails to meet the requirements in paragraph (2) but who subsequently meets those requirements (except as to time)—
a
shall be taken to have withheld his consent from the date of such failure; and
b
shall be taken not to have withheld his consent from the time he met those requirements (except as to time).
4
For the purposes of this regulation, a lessor is to be treated as not having sought another person’s consent unless he has applied in writing to that person, indicating—
i
that the lessor’s consent to the alteration has been applied for in order to comply with a section 6 duty; and
ii
that he has given his consent conditionally upon obtaining the other person’s consent.