- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
1If any question arises as to whether the occupier has failed to comply with the section 6 or section 15 duty, by failing to make a particular alteration to the premises, any constraint attributable to the fact that he occupies the premises under a lease is to be ignored unless he has applied to the lessor in writing for consent to the making of the alteration.
2(1)In any proceedings under section 8, in a case to which section 16 applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined or sisted as a party to the proceedings.
(2)The request shall be granted if it is made before the hearing of the complaint begins.
(3)The tribunal may refuse the request if it is made after the hearing of the complaint begins.
(4)The request may not be granted if it is made after the tribunal has determined the complaint.
(5)Where a lessor has been so joined or sisted as a party to the proceedings, the tribunal may determine—
(a)whether the lessor has—
(i)refused consent to the alteration, or
(ii)consented subject to one or more conditions, and
(b)if so, whether the refusal or any of the conditions was unreasonable,
(6)If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—
(a)make such declaration as it considers appropriate;
(b)make an order authorising the occupier to make the alteration specified in the order;
(c)order the lessor to pay compensation to the complainant.
(7)An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.
(8)Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under section 8(2).
(9)If the tribunal orders the lessor to pay compensation it may not make an order under section 8(2) ordering the occupier to do so.
3Regulations may make provision as to circumstances in which—
(a)a lessor is to be taken, for the purposes of section 16 and this Part of this Schedule to have—
(i)withheld his consent;
(ii)withheld his consent unreasonably;
(iii)acted reasonably in withholding his consent;
(b)a condition subject to which a lessor has given his consent is to be taken to be reasonable;
(c)a condition subject to which a lessor has given his consent is to be taken to be unreasonable.
4The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by section 16 or any provision made by or under this Part of this Schedule in relation to cases where the occupier occupies premises under a sub-lease or sub-tenancy.