Commonhold and Leasehold Reform Act 2002 (c. 15)

Part 2 E+W Leasehold reform

Chapter 1 E+W Right to manage

Modifications etc. (not altering text)

C1 Pt. 2 Ch. 1: power to amend conferred (20.1.2007 for specified purposes, otherwise 1.10.2009) by Companies Act 2006 (c. 46), ss. 1181(1)(b), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 5, 6, 8, Schs. 1, 5); S.I. 2008/2860, art. 3(v) (with arts. 5, 7, 8, Sch. 2)

Exercising right E+W

99 Approvals: supplementary E+W

(1) If a person to whom notice is given under section 98(4) objects to the grant of the approval before the time when the RTM company would first be entitled to grant it, the RTM company may grant it only—

(a) in accordance with the written agreement of the person who objected, or

(b) in accordance with a determination of (or on an appeal from) [F1 the appropriate tribunal] .

(2) An objection to the grant of the approval may not be made by a person unless he could withhold the approval if the function of granting it were exercisable by him (and not by the RTM company).

(3) And a person may not make an objection operating only if a condition or requirement is not satisfied unless he could grant the approval subject to the condition or requirement being satisfied if the function of granting it were so exercisable.

(4) An objection to the grant of the approval is made by giving notice of the objection (and of any condition or requirement which must be satisfied if it is not to operate) to—

(a) the RTM company, and

(b) the tenant,

and, if the approval is to a tenant approving an act of a sub-tenant, to the sub-tenant.

(5) An application to [F2 the appropriate tribunal] for a determination under subsection (1)(b) may be made by—

(a) the RTM company,

(b) the tenant,

(c) if the approval is to a tenant approving an act of a sub-tenant, the sub-tenant, or

(d) any person who is landlord under the lease.

Textual Amendments

F1 Words in s. 99(1)(b) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 137 (with Sch. 3)

F2 Words in s. 99(5) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 137 (with Sch. 3)

Commencement Information

I1 S. 99 wholly in force at 30.3.2004; s. 99 not in force at Royal Assent see s. 181(1); s. 99 wholly in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); s. 99 wholly in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(a)