Section 94 — Housing Act 1985: Consent to subletting.

Consent to subletting. 94 1 This section applies to the consent required by virtue of section 93(1)(b) (landlord’s consent to subletting of part of dwelling-house).

2 Consent shall not be unreasonably withheld (and if unreasonably withheld shall be treated as given),

and if a question arises whether the withholding of consent was unreasonable it is for the landlord to show that it was not.

3 In determining that question the following matters, if shown by the landlord, are among those to be taken into account—

a that the consent would lead to overcrowding of the dwelling-house within the meaning of Part X (overcrowding);

b that the landlord proposes to carry out works on the dwelling-house, or on the building of which it forms part, and that the proposed works will affect the accommodation likely to be used by the sub-tenant who would reside in the dwelling-house as a result of the consent.

4 Consent may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.

5 Consent cannot be given subject to a condition (and it purporting to be given subject to a condition shall be treated as given unconditionally).

6 Where the tenant has applied in writing for consent, then—

a if the landlord refuses to give consent, it shall give the tenant a written statement of the reasons why consent was refused, and b if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.