§ Failure to obtain. consent to alteration
§ 1. If any question arises as to whether the occupier has failed to comply with the section 6 or section 15 duty, by failing to make a particular alteration to the premises, any constraint attributable to the fact that he occupies the premises under a lease is to be ignored unless he has applied to the lessor in writing for consent to the making of the alteration.
§ Joining lessors in proceedings under section 8
§ 2.—(1) 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—
- (a) the lessor has—
- (i) refused consent to the alteration, or
- (ii) has consented subject to one or more conditions, and
- (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.
§ 3. Regulations may make provision as to circumstances in which—
- (a) a lessor is to be taken, for the purposes of section (Alterations to premises occupied under leases) and this Part of this Schedule to have— (i) withheld his consent;
- (ii) withheld his consent unreasonably;
- (iii) acted reasonably in withholding his consent;
§ (b) a condition subject to which a lessor has given his consent is to be taken to be reasonable;
§ (c) a condition subject to which a lessor has given his consent is to be taken to be unreasonable.
§ Sub-leases etc.
§ 4. 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.