Renting Homes: The Final Report - Law Commission

Landlord and Tenant (Covenants) Act 1995
6.60 If the occupation contract is a tenancy, the Bill provides that the Landlord and
Tenant (Covenants) Act 1995 does not apply to:
(1) any transfer by a contract-holder of the contract, the premises or any part
of the premises, or any transfer by a joint contract-holder of any of those
things or of their rights and obligations under the contract, or
(2) any transfer which would be treated by that Act as a transfer of the
premises. 92
LANDLORD’S CONSENT 93
6.61 As noted above, where a contract-holder seeks permission to deal with the
contract, landlords often have good reason either to refuse consent or to give
consent subject to conditions. Where the contract requires that the landlord’s
consent be obtained before something can be done, including dealing with the
contract, the Bill sets out a general rule. That rule is that while the landlord may
give consent subject to conditions, 94 he or she may not unreasonably refuse
consent (or give consent subject to unreasonable conditions) 95 . The rule applies
unless the contract:
(1) explicitly excludes the clause setting out the general rule;
(2) makes inconsistent provision with the general rule; or
(3) provides that if the landlord does not give or refuse consent, they are to
be treated as having refused it. 96
6.62 A request for consent must be in writing. 97 Before reaching a decision, the
landlord may ask for further information, but this must be within 14 days of the
request for consent being made by the contract-holder. 98
91 Cl 139(5).
92 Cl 140(3).
93
Consent requirements are discussed in Part 10 of Renting Homes (2003) Law Com No
284.
94 Cl 74(4).
95 Cl 74(5).
96 Cls 74(1) and (2).
97 Cl 74(3).
98
Cl 74(6). A request for information for which it is unreasonable to ask is deemed not to
have been made: cl 74(7).
113