Regulation 5 Lessor withholding consent reasonably

(1)

This regulation prescribes particular circumstances in which a relevant lessor is to be taken, for the purposes of section 28W of, and Part 3 of Schedule 4 to, the Act to have acted reasonably in withholding his consent for alterations to premises.

(2)

The circumstances so prescribed are where—

(a)

(i)

there is a binding obligation requiring the consent of any person to the alteration;

(ii)

the relevant lessor has taken steps to seek that consent; and

(iii)

that consent has not been given, or has been given subject to a condition making it reasonable for him to withhold his consent; or

(b)

the relevant lessor does not know, and could not reasonably be expected to know, that the alteration is one which the occupier proposes to make in order to comply with a section 28T duty.