HC Deb 31 October 1995 vol 265 c163

2.—(I) In any proceedings under section 8, in a case to which section (Alterations to premises occupied under leases) 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 and the tribunal finds that—

  1. (a) the lessor has—
    1. (i) refused consent to the alteration, or
    2. (ii) has consented subject to one or more conditions, and
  2. (b) the refusal or any of the conditions was unreasonable, it may make such declaration as it considers appropriate or order the lessor to pay compensation to the complainant.

(6) A declaration or order under sub-paragraph (5) may be made in substitution for, or in addition to, any steps taken by the tribunal under section 8(2).

(7) 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.

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