Joining landlord as party to proceedingsE+W+S
5(1)This paragraph applies to proceedings relating to a contravention of this Act by virtue of section 20.E+W+S
(2)A party to the proceedings may request the employment tribunal, county court or sheriff (“the judicial authority”) to direct that the landlord is joined or sisted as a party to the proceedings.
(3)The judicial authority—
(a)must grant the request if it is made before the hearing of the complaint or claim begins;
(b)may refuse the request if it is made after the hearing begins;
(c)must refuse the request if it is made after the complaint or claim has been determined.
(4)If the landlord is joined or sisted as a party to the proceedings, the judicial authority may determine whether—
(a)the landlord has refused to consent to the alteration;
(b)the landlord has consented subject to a condition;
(c)the refusal or condition was unreasonable.
(5)If the judicial authority finds that the refusal or condition was unreasonable, it—
(a)may make such declaration as it thinks appropriate;
(b)may make an order authorising A to make the alteration specified in the order (and requiring A to comply with such conditions as are so specified);
(c)may order the landlord to pay compensation to the complainant or claimant.
(6)An employment tribunal may act in reliance on sub-paragraph (5)(c) instead of, or in addition to, acting in reliance on section 124(2); but if it orders the landlord to pay compensation it must not do so in reliance on section 124(2).
(7)If [F1the county court] or the sheriff orders the landlord to pay compensation, it may not order A to do so.
Textual Amendments
F1Words in Sch. 21 para. 5(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)