HC Deb 31 October 1995 vol 265 cc163-4

6.—(1) If the occupier has applied in writing to the lessor for consent to the alteration and—

  1. (a) that consent has been refused, or
  2. (b) the lessor has made his consent subject to one or more conditions, the occupier or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff.

(2) In the following provisions of this Schedule "court" includes "sheriff'.

(3) On such a reference the court shall determine whether the lessor's refusal was unreasonable or (as the case may be) whether the condition is, or any of the conditions are, unreasonable.

(4) If the court determines that the lessor's refusal was unreasonable it may make a declaration to the effect that if the lessor were to give his consent subject to such condition or conditions as may be specified in the declaration he would be acting reasonably.