OpenLegislation

Section 197 Circumstances in which letting to be permittedI1I2

England and Wales

(1)

The local authority must give consent under section 196(1) to—

(a)

the grant of, or an agreement to grant, a tenancy, or

(b)

the grant of a licence to occupy the premises,

if the conditions in subsection (2) are met.

(2)

The conditions are that—

(a)

the term of the proposed tenancy, or the period of occupation under the proposed licence, would begin within the period of eight weeks beginning with the day on which the initial letting notice took effect,

(b)

that term or period would be at least one year, and

(c)

the local authority is satisfied that the tenancy or licence would be likely to lead to the occupation of the premises for a high-street use.

(3)

For the purposes of subsection (2)(b), a term or period is to be taken to be less than one year if the lessor or licensor has a right to terminate it within the period of one year beginning with the day on which it starts, unless that right arises only on default by the tenant or licensee.

(4)

Consent granted further to the duty in subsection (1) is to be treated as not having been given if—

(a)

the proposed tenancy or licence is not granted, or

(b)

the term of the tenancy, or period of occupation under the licence, does not begin,

within the period referred to in subsection (2)(a).

Annotations

Commencement

I1

S. 197 not in force at Royal Assent, see s. 255(7)

I2

S. 197 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(a)