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StatuteProperty Law Act 2007

Section 227 — Property Law Act 2007: When consent is unreasonably withheld

Text of the provision Official document

227 When consent is unreasonably withheld (1) For the purposes of section 226(2)(a) , consent is unreasonably withheld if,— (a) as a condition of, or in relation to, giving consent, the lessor— (i) requires the payment of an amount (whether by way of additional rent, or by way of premium or fine) or other consideration; or (ii) imposes on the lessee any unreasonable condition or precondition; or (b) consent is withheld because the lessee— (i) is bankrupt (if the lessee is an individual); or (ii) is in receivership or liquidation (if the lessee is a company); or (iii) is in receivership or is being liquidated under section 342 of the Companies Act 1993 (if the lessee is an overseas company). (2) Subsection (1) does not limit section 226(2)(a) , nor does it prevent the lessor from requiring the lessee, if the lease so provides, to pay the reasonable legal or other expenses of the lessor in giving consent. (3) If the lessor refuses consent, or gives consent subject to a condition or precondition, the lessor must, on the written request of the lessee, promptly give the lessee written notice of the reasons for— (a) the refusal; or (b) the imposition of the condition or precondition. Compare: 1952 No 51 ss 109 , 110

Official source: legislation.govt.nz

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