Part VIII Conversion of Controlled Tenancies into Regulated Tenancies

Miscellaneous

115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

116 Consent of tenant.

F21

This section applies where a dwelling-house is subject to a statutory tenancy and the landlord wishes to carry out works which can not be carried out without the consent of the tenant.

2

If the tenant is unwilling to give his consent, then, if F3either of the conditions specified in subsections (3) and (3A) below is satisfied, the county court may, on the application of the landlord, make an order empowering him to enter and carry out the works.

F43

The F5first of the conditions referred to in subsection (2) above is that the works were specified in an application for a F6. . . grant under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 and the application has been approved.

F73A

The second of those conditions is that assistance was or is to be provided in relation to the carrying out of the works under article 3 of the Regulatory Reform (Housing Assistance)(England and Wales) Order 2002

4

An order under subsection (2) above may be made subject to such conditions as to the time at which the works are to be carried out and as to any provision to be made for the accommodation of the tenant and his household while they are carried out as the court may think fit.

5

Where such an order is made subject to any condition as to time, compliance with that condition shall be deemed to be also compliance with any condition imposed by the F8local housing authority F9under section 37 of the Housing Grants, Construction and Regeneration Act 1996.

6

In determining whether to make such an order and, if it is made, what (if any) conditions it should be subject to, the court shall have regard to all the circumstances and in particular to—

a

any disadvantage to the tenant that might be expected to result from the works, and

b

the accommodation that might be available for him whilst the works are carried out, and

c

the age and health of the tenant,

but the court shall not take into account the means or resources of the tenant.

117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

118 Interpretation of Part VIII.

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