Renting Homes: The Final Report - Law Commission

6.63 Once a request is made, the landlord should respond; the contract-holder should
not be left in the dark. Failure to give or refuse consent in writing by the end of
two months from the day on which the request was made, or from the day on
which the further information which the landlord requested is provided, is treated
as the giving of consent without conditions. 99
6.64 In accordance with our general policy of transparency, if the landlord gives
consent subject to conditions, the landlord must provide written notice of the
conditions at the time the consent is given. Failure to do this is also treated as
giving consent without conditions. 100
6.65 Where consent is refused, or granted subject to conditions, the person who made
the request may ask for a statement of reasons. To encourage landlords to
respond, if the statement is not forthcoming within two months, the landlord is
treated as having given consent without conditions. 101
Reasonableness
6.66 In the same way that guidance is provided to judges when they are required to
make decisions based on reasonableness, 102 so too the Bill provides guidance to
landlords on reasonableness in this context. 103 This guidance must be applied
sensibly to the individual case; they are not rigid rules. The purpose is to help
landlords understand that the Bill does not prevent them from making sensible
decisions, and to help contract-holders appreciate that not every request is going
to be met positively.
6.67 The provisions on reasonableness relate both to the reasonableness of a refusal
by the landlord, and the reasonableness of any condition imposed by a
landlord. 104 The factors set out in the schedule include the following general
matters:
(1) the status of the occupation contract;
(2) the premises;
(3) the circumstances of the contract-holder; and
(4) the circumstances of the landlord.
The schedule also sets out special factors which apply where the contract-holder
seeks consent to adding a joint contract-holder, transferring a contract to a
potential successor, or transferring a contract to a secure contract-holder.
99 Cls 74(8) and (9).
100 Cl 74(10).
101 Cls 74(11) and (12).
102 See paras 5.31 to 5.42 as to reasonableness in the context of possession claims.
103 Sch 4.
104 Sch 4 para 1.
114