HC Deb 31 October 1995 vol 265 cc164-5

9. The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by section (Alterations to premises occupied under leases) 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.")

Amendments made to the proposed Lords amendment: (a), in paragraph 2, leave out sub-paragraphs (5) and (6) and insert— '(5) Where a lessor has been so joined or sisted as a party to the proceedings, the tribunal may determine—

  1. (a) whether the lessor has—
    1. (i) refused consent to the alteration, or
    2. (ii) consented subject to one or more conditions, and
  2. (b) if so, whether the refusal or any of the conditions was unreasonable.
(5A) 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—
  1. (a) make such declaration as it considers appropriate;
  2. (b) make an order authorising the occupier to make the alteration specified in the order;
  3. (c) order the lessor to pay compensation to the complainant.
 (5B) An order under sub-paragraph (5A)(b) may require the occupier to comply with conditions specified in the order. (6) Any step taken by the tribunal under sub-paragraph (5A) may be in substitution for, or in addition to, any step taken by the tribunal under section 8(2).'. (b), in paragraph 6, leave out sub-paragraph (4) and insert— '(4) If the court determines—
  1. (a) that the lessor's refusal was unreasonable; or
  2. (b) that the condition is, or any of the conditions are, unreasonable,
 it may make such declaration as it considers appropriate or an order authorising the occupier to make the alteration specified in the order. (4A) An order under sub-paragraph (4) may require the occupier to comply with conditions specified in the order.'. (c), in pararaph 7, leave out sub-paragraph (5) and insert— '(5) Where a lessor has been so joined or sisted as a party to the proceedings, the court may determine—
  1. (a) whether the lessor has—
    1. (i) refused consent to the alteration, or
    2. (ii) consented subject to one or more conditions, and
  2. (b) if so, whether the refusal or any of the conditions was unreasonable.
 (5A) If, under sub-paragraph (5), the court determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—
  1. (a) make such declaration as it considers appropriate;
  2. (b) make an order authorising the occupier to make the alteration specified in the order;
  3. (c) order the lessor to pay compensation to the complainant.
 (5B) An order under sub-paragraph (5A)(b) may require the occupier to comply with conditions specified in the order.'.—[Mr. Burt.]

Lords amendment, as amended, agreed to.

Lords amendments Nos. 129 to 139 agreed to.

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