Landlord and Tenant Act 1988

JurisdictionUK Non-devolved
Citation1988 c. 26
assigning,underletting,charging, orparting with the possession of,the covenant is subject to the qualification that the consent is not to be unreasonably withheld (whether or not it is also subject to any other qualification) .references to a proposed transaction are to any assignment, underletting, charging or parting with possession to which the covenant relates, andreferences to the person who may consent to such a transaction are to the person who under the covenant may consent to the tenant entering into the proposed transaction.to give consent, except in a case where it is reasonable not to give consent,if the consent is given subject to conditions, the conditions,if the consent is withheld, the reasons for withholding it.(4) Giving consent subject to any condition that is not a reasonable condition does not satisfy the duty under subsection (3) (a) above.(5) For the purposes of this Act it is reasonable for a person not to give consent to a proposed transaction only in a case where, if he withheld consent and the tenant completed the transaction, the tenant would be in breach of a covenant.if he gave consent and the question arises whether he gave it within a reasonable time, to show that he did,if he gave consent subject to any condition and the question arises whether the condition was a reasonable condition, to show that it was,if he did not give consent and the question arises whether it was reasonable for him not to do so, to show that it was reasonable,is a person who may consent to the transaction or (though not such a person) is the landlord, andbelieves that another person, other than a person who he believes has received the application or a copy of it, is a person who may consent to the transaction,(2) The reference in section 1(3) of this Act to the service of an application on a person who may consent to a proposed transaction includes a reference to the receipt by him of an application or a copy of an application (whether it is for his consent or that of another) .

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